Fla. Admin. Code Ann. R. 64B6-6.001 - Thirty-Day Trial Period
(1) A person
selling a prescription hearing aid(s) in the State of Florida must provide the
purchaser with written notice of the 30-day trial period and money-back
guarantee as provided in Section
484.0512, F.S. The terms and
conditions of the guarantee as well as the total amount available for refund
shall be provided in writing to the purchaser prior to the signing of the
contract.
(2) The guarantee shall
permit the purchaser to cancel the purchase for a valid reason within 30 days
of the receipt of the prescription hearing aid(s). A valid reason shall be
defined as failure by the purchaser to achieve satisfaction from use of the
prescription hearing aid(s), so long as the prescription hearing aid(s) is
returned to the seller within the 30-day trial period in good working
condition.
(3) If the prescription
hearing aid must be repaired, remade, or adjusted during the 30-day trial
period, the running of the 30-day trial period is suspended one day for each
24-hour period that the prescription hearing aid is not in the purchaser's
possession. A repaired, remade, or adjusted prescription hearing aid must be
claimed by the purchaser within three working days after notification of
availability. The running of the 30-day trial period resumes on the day the
purchaser reclaims the repaired, remade, or adjusted prescription hearing aid
or on the fourth day after notification of availability.
(4) In the event of cancellation within the
30-day trial period, the seller may retain a charge not to exceed $300 on a
monaural fitting, and $600 on a binaural fitting for ear molds and services
provided to fit the prescription hearing aid. In addition, the purchaser may be
charged a cancellation fee not to exceed 5% of the total purchase
price.
(5) This rule shall be
reviewed, and if necessary, repealed, modified, or renewed through the rule
making process five years from the effective date.
Notes
Rulemaking Authority 484.044(1), 484.0512 FS. Law Implemented 484.0512 FS.
New 10-4-94, Formerly 61G9-6.0010, Amended 9-14-97, 6-6-23.
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