PENNSYLVANIA’S MOTORIZED WHEELCHAIR WARRANTY ACT is actually little known good news for powered wheelchair users in the State of Pennsylvania.

According to the Disability Rights Network of Pennsylvania the act protects individuals who have new motorized wheelchairs. This law gives you rights when there are problems with your new motorized wheelchair.

All new power wheelchairs sold in Pennsylvania or delivered to Pennsylvania residents from other states must have a one year warranty. This is regardless of the manufacturers warranty which may state a lesser warranty period. The warranty period applies to all new powered wheelchairs regardless of who made the purchase or funded it. This applies to powered wheelchairs purchased privately or by funders such as Medicare, Medicaid, and insurers. The law requires that you be given a written copy of this warranty.

A one year warranty is nice but what services does it include? Good question! Here is what the package mandates- The manufacturer must try to repair your motorized wheelchair for free during the one-
year warranty period if:

• There is a problem with the motorized wheelchair, called a “nonconformity,” that is
  covered by the written warranty. A “nonconformity” means that the motorized
  wheelchair has a condition or defect that makes the wheelchair not usable, not safe, or
  worth little money. It is not a “nonconformity” if you abused or neglected the wheelchair
  or if you made changes to the wheelchair yourself without permission.
• You report the problem with your motorized wheelchair to the manufacturer or
  authorized wheelchair dealer before one year after the date that the motorized
  wheelchair was first delivered to you. You should put this in a letter with the date
  and keep a copy of this letter for yourself.
• You make the motorized wheelchair available to the manufacturer or to the
  authorized wheelchair dealer for repair before one year after the date that the motorized
  wheelchair was first delivered to you. Again, do things in writing so that you have documentation if or when needed.

In any of the above instances, the manufacturer or dealer must repair the wheelchair for free. You can also request a free loaner wheelchair while your wheelchair is being repaired.

If the manufacturer or dealer is unable fix your power wheelchair after four attempts for the same problem, or if you cannot use your wheelchair for a total of 30 days in the one year period, then you may have other rights:

• You can offer to return the wheelchair back to the manufacturer
• No later than thirty (30) days after your offer to return your motorized wheelchair, the
  manufacturer must:

  Accept return of your motorized wheelchair and replace it with a new motorized
  wheelchair that is as good as the original motorized wheelchair plus refund to you any
  money that you had to spend to enforce these rights,
  OR
  Give you a full refund minus a reasonable amount of money for using the wheelchair (if
  Medicare, Medical Assistance, or private health insurance paid for part of the
  wheelchair, the manufacturer must return the money to the insurance company and also
  refund your copay to you).

What if you need help?

If you need more information or need help, please contact the intake unit of the
Disability Rights Network of Pennsylvania (DRN) at 800-692-7443 (voice) or 877-375-
7139 (TDD). Their email address is: intake@drnpa.org.