Washington Administrative Code
Title 246 - Health, Department of
PROFESSIONAL STANDARDS AND LICENSING
Chapter 246-828 - Hearing and speech
Section 246-828-290 - Purchaser rescission rights and right to notice of hearing assistive technologies
In addition to the receipt and disclosure information required by RCW 18.35.030, 18.35.185, 63.14.040 and 63.14.120, every retail agreement for the sale of hearing instruments must contain or have attached the following notice to buyer in twelve point font or larger. The language in part 1 under "Notice to Buyer" is intended to have the same legal effect as the notices required in RCW 63.14.040(2) and 63.14.120(3) and may be substituted for those notices.
The rights summarized in the "Notice to Buyer" must be made known to the purchaser before the contract is executed. The licensee must provide this "Notice to Buyer" in writing to the purchaser. The purchaser must acknowledge receipt of the "Notice to Buyer" by signing his or her name in the designated space following the "Notice to Buyer."
Notice to Buyer
NOTICE TO BUYER UNDER WASHINGTON STATE LAW CHAPTER 18.35 RCW
Do not sign this agreement before you read it or if any spaces intended for the agreed terms are blank. You are entitled to receive a copy of this agreement at the time you sign it. The seller's business address must be shown on the agreement.
Section 1 CANCELLATION - WITHIN THREE DAYS
You may cancel this agreement within three days, without explaining your reasons, if the seller solicited it in person and you signed it at a place other than the seller's business address.
To cancel this agreement without explaining your reasons, you must notify the seller in writing that you are canceling the agreement. You may deliver the written notice to the seller at the seller's business address. Alternatively, you may send the written notice by certified mail, return receipt requested, to the seller at the seller's business address.
Your written notice must be postmarked or delivered by midnight of the third business day after you signed this agreement.
Any merchandise you received under this agreement must be in its original condition. You must return it to the seller's business address or make it available to the seller at the same place it was delivered to you.
The seller must refund to you all deposits, including any down payment, and must return to you all goods traded in as part of the agreement.
You will incur no additional liability for canceling the agreement.
Section 2 RESCISSION - WITHIN THIRTY DAYS
You may rescind (or terminate) the agreement within thirty days, for reasonable cause. This thirty-day period is called the "rescission period."
To rescind this agreement, you must notify the seller in writing that you are rescinding the agreement for reasonable cause pursuant to RCW 18.35.185(1). (Reasonable cause does not include cosmetic concerns or a mere change of mind.) You may deliver the written notice to the seller at the seller's business address. Alternatively, you may send the written notice by certified mail, return receipt requested, to the seller at the seller's business address.
Your written notice must be postmarked or delivered by midnight of the thirtieth day after delivery of the hearing instrument.
Any merchandise you received under this agreement must be in its original condition, except for normal wear and tear. You must return it to the seller's business address or make it available to the seller at the same place it was delivered to you.
The seller must refund to you all deposits, including any down payment, and must return to you all goods traded in as part of the agreement. However, for each hearing instrument you return, the seller may keep either one hundred fifty dollars or fifteen percent of the total purchase price, whichever is less, plus the price originally charged for custom-made ear-molds.
The seller must refund your money and return your traded goods, or have them postmarked and in the mail to you, within ten business days after receiving your notice of rescission.
You will incur no additional liability for rescinding the agreement.
Section 3 EXTENSION OF RESCISSION PERIOD
If you notify the seller within the thirty-day rescission period that your hearing instrument has developed a problem that constitutes reasonable cause to rescind the agreement or that prevents you from evaluating your hearing instrument, the seller must extend the rescission period. The rescission period stops running on the date you notify the seller of the problem and starts running again on the date the seller notifies you that your hearing instrument is ready for redelivery.
You and the seller may agree to a rescission period longer than thirty days.
Whenever the rescission period is extended, the seller must provide you written notice of the last date upon which you may demand a refund and return of traded goods.
Section 4 NOTICE OF HEARING ASSISTIVE TECHNOLOGIES
Prior to initial fitting and purchase you must be informed, both orally and in writing, about the uses, benefits, and limitations of current hearing assistive technologies. Hearing assistive technologies can supplement your hearing instrument and increase the intelligibility and clarity of speech in environments where hearing instruments alone may not provide optimal comprehension. Hearing assistive technology options can enable hearing instruments to connect with phones, computers, electronic sound sources, and assis-tive listening systems, including the assistive listening systems, compliant with the Americans with Disabilities Act.
I am aware that the hearing instrument(s) referenced in this document include (please select all that apply):
___________Telecoil
___________Bluetooth
___________Other technology (specify)___________
By signing this receipt, you acknowledge that you have been informed of your rescission rights and your rights under Section 4 of this section, to receive oral and written information about hearing assistive technologies and that you have read and understand these rights.
___________
Signature of Purchaser
___________
Date
___________
Signature of Seller
___________
Date
___________
Delivery Acknowledgment - Signature of Date Purchaser
___________
Statutory Authority: RCW 18.35.161. 04-02-068, § 246-828-290, filed 1/7/04, effective 2/7/04; 02-14-052, § 246-828-290, filed 6/27/02, effective 7/28/02. Statutory Authority: RCW 18.35.161 and 18.35.185(2). 99-08-103, § 246-828-290, filed 4/6/99, effective 7/5/99. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as § 246-828-290, filed 5/8/91, effective 6/8/91; 86-09-064 (Order PL 586 ), § 308-50-330, filed 4/17/86; Order PL 190, § 308-50-330, filed 5/23/75; Order PL 159, § 308-50-330, filed 2/8/74.
