The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Collateral costs.” Expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other assistive device for mobility.

“Consumer.” Any of the following:

“Demonstrator.” A motorized wheelchair used primarily for the purpose of demonstration to the public.

“Early termination cost.” Any expense or obligation that a motorized wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under section 4(b)(2).¹ The term includes a penalty for prepayment under a finance arrangement.

“Early termination savings.” Any expense or obligation that a motorized wheelchair lessor avoids as a result of both the termination of a written lease before the termination date set forth in that lease and the return of a motorized wheelchair to a manufacturer under section 4(b)(2). The term includes an interest charge that the motorized wheelchair lessor would have paid to finance the motorized wheelchair or, if the motorized wheelchair lessor does not finance the motorized wheelchair, the difference between the total amount for which the lease obligates the consumer during the period of the lease term remaining after the early termination and the present value of that amount at the date of the early termination.

“Manufacturer.” A person who manufactures or assembles motorized wheelchairs and agents of that person, including an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer's motorized wheelchairs, but does not include a motorized wheelchair dealer.

“Motorized wheelchair.” Any motor-driven wheelchair or cart, including a demonstrator, that a consumer purchases or accepts transfer of in this Commonwealth.

“Motorized wheelchair dealer.” A person who is in the business of selling motorized wheelchairs.

“Motorized wheelchair lessor.” A person who leases a motorized wheelchair to a consumer, or who holds the lessor's rights, under a written lease.

“Nonconformity.” A condition or defect that substantially impairs the use, value or safety of a motorized wheelchair and that is covered by an express warranty applicable to the motorized wheelchair or to a component of the motorized wheelchair, but does not include a condition or defect that is the result of abuse, neglect or unauthorized modification or alteration of the motorized wheelchair by a consumer.

“Reasonably attempt to repair.” Any of the following occurring within the term of an express warranty applicable to a new motorized wheelchair or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner: