Current through Register 1531, September 27, 2024
(1)
30-day Trial Period.
(a) In addition to any other rights and
remedies a purchaser of a hearing instrument in Massachusetts is afforded, such
purchaser shall have a 30-day trial period after date of receipt of the hearing
instrument during which time such purchaser shall be entitled to a limited
money back guarantee.
(b) During
the 30-day period after receiving the hearing instrument, the purchaser shall
be able to cancel the purchase by returning the hearing instrument or sending
to the seller by certified mail a written notice of cancellation. If written
notice is sent, the purchaser must return the hearing instrument to the seller
within ten days of the written notice being sent in order for the money back
guarantee to apply.
(c) If the
hearing instrument 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 hearing aid is not in the purchaser's possession.
For purposes of the computation of the trial period, a repaired, remade or
adjusted hearing aid must be reclaimed 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
hearing aid or on the fourth day after availability.
(2) If a purchaser cancels or rescinds a sale
within the terms of 265 CMR 6.04, the seller shall be entitled to retain the
charges for ear molds; service provided to fit the hearing aid; and any repair,
remake or adjustment performed that is not contained within any other warranty
of sale or service, not to exceed 20% of the purchase charge. Any charges
retained shall be explained in writing to the purchaser.
(3) Regarding refunds, if a purchased hearing
instrument has been damaged, the seller may deduct from any refund due the
purchaser the reasonable costs incurred in repairing the hearing instrument to
make it suitable for resale. If the hearing instrument has been damaged beyond
repair, the purchaser is liable for the full purchase price.
