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This entry was published on 2014-09-22
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SECTION 504-B
Maintenance of merchandise
Personal Property (PEP) CHAPTER 41, ARTICLE 11
§ 504-b. Maintenance of merchandise. 1. The merchant shall maintain
the property subject to the rental-purchase agreement in good working
order while the agreement is in effect without charging any fee to the
consumer in addition to the regularly scheduled rental payments set
forth in the rental-purchase agreement.

2. By the end of the second business day following the day on which
the merchant received notice from the consumer that the property is not
operating properly, the merchant shall repair or replace the property
without any fee to the consumer in addition to the regularly scheduled
rental payments set forth in the rental-purchase agreement.

3. If a repair or replacement cannot be immediately effected, the
merchant shall temporarily substitute property of comparable quality and
condition while repairs are being effected. If repairs cannot be
completed to the reasonable satisfaction of the consumer within thirty
days after the merchant receives notice from the consumer or within a
longer period voluntarily agreed to by the consumer, the merchant shall
permanently replace the property.

4. All replacement property shall be the same brand, if available, and
comparable in quality, age, condition, and warranty coverage to the
replaced property. If the same brand is not available, the brand of the
replacement property shall be agreeable to the consumer, provided,
however that any request by the consumer shall not be unreasonable.

5. All of the consumer's and merchant's rights and obligations under
the rental-purchase agreement and this title that applied to the
property originally subject to the rental-purchase agreement shall apply
to any replacement property.

6. The consumer shall not be charged, or held liable for, any pro rata
portion of a periodic payment for any period of time greater than one
full day and each full day thereafter during which the property that is
the subject of the rental-purchase agreement or any property substituted
for it pursuant to this section is not in good working order.

7. This section shall not apply to repairs or damage for which the
consumer is liable under the rental-purchase agreement as permitted by
this article.

8. A merchant shall not deliver to a consumer any property which the
merchant knows or has reason to know is defective.