C.R.S.
Section 6-1-1503
Powered wheelchair manufacturer obligations regarding services
- exemptions
(1)
Except as provided in subsection (2) of this section:(a)
For the purpose of providing services for equipment in the state, an original equipment manufacturer shall, with fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer’s equipment any documentation, parts, embedded software, firmware, or tools that are intended for use with the equipment or any part, including updates to documentation, parts, embedded software, firmware, or tools.(b)
With respect to equipment that contains an electronic security lock or other security-related function, a manufacturer shall, with fair and reasonable terms and costs, make available to independent repair providers and owners any documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services. The manufacturer may make the documentation, parts, embedded software, firmware, or tools available to independent repair providers and owners through appropriate secure release systems.(2)
Intentionally left blank —Ed.(a)
Subsection (1) of this section does not apply to:(I)
A part that is no longer available to the original equipment manufacturer; and(II)
Conduct that would require the manufacturer to divulge a trade secret; except that a manufacturer shall not refuse to make available to an independent repair provider or owner any documentation, part, embedded software, firmware, or tool necessary to provide services on grounds that the documentation, part, embedded software, firmware, or tool itself is a trade secret.(b)
Intentionally left blank —Ed.(I)
A manufacturer may redact documentation to remove trade secrets from the documentation before providing access to the documentation if the usability of the redacted documentation for the purpose of providing services is not diminished.(II)
A manufacturer may withhold information regarding a component of, design of, functionality of, or process of developing a part, embedded software, firmware, or a tool if the information is a trade secret and the usability of the part, embedded software, firmware, or tool for the purpose of providing services is not diminished.(3)
An original equipment manufacturer is not liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause:(a)
Damage to powered wheelchairs that occur during such repairs;(b)
Any indirect, incidental, special, or consequential damages; or(c)
An inability to use, or a reduced functionality of, a powered wheelchair resulting from the faulty or otherwise improper repair.
Source:
Section 6-1-1503 — Powered wheelchair manufacturer obligations regarding services - exemptions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-06.pdf
(accessed Oct. 20, 2023).