Ga. Comp. R. & Regs. R. 375-3-6-.06 - Responsibilities of the Manufacturer of the Ignition Interlock Device
(1)
Indemnification. A vendor and manufacturer shall indemnify and hold harmless
the State of Georgia, the Department and its officers, employees and agents
from all claims, demands, actions and costs whatsoever that may arise, directly
or indirectly, out of any act or omission by the manufacturer.
(2) A manufacturer shall carry product
liability insurance with minimum liability limits of one million (1,000,000)
dollars per occurrence, with three million (3,000,000) dollars aggregate total.
The liability insurance shall include coverage for defects in product design
and materials as well as in the manufacturing, calibration, installation and
removal of devices. The proof of insurance shall include a statement from the
insurance company that thirty (30) days notice will be given to the Department
before cancellation of the insurance. The manufacturer must provide
documentation of the insurer's authorization to transact business in the State
of Georgia.
(3) Modifications. A
manufacturer shall notify the Department in writing of any material
modifications or alteration in the components, design or installation and
operating instructions of any device approved for use in this State. This
notification shall also include satisfactory proof that these modifications or
alterations do not adversely affect the ability of the device to satisfy the
requirements of Section
375-3-6-.05.
(4) Upon request, the manufacturer shall make
available to the city or county government or provider center a qualified
service representative to demonstrate the product and provide the
specifications and operational characteristics of the device.
(5) The manufacturer shall make available,
whether leased or purchased to a certified provider, a device that has met all
the requirements specified by the Department for certification. In no event
shall a device be substituted, delivered, or offered to a provider that does
not meet these requirements.
(6)
The manufacturer shall instruct each provider center in the proper
installation, calibration, maintenance and reading of the data stored in the
device; to include, the recognition of techniques used in circumventing or
tampering with the device and all other techniques, conditions or procedures
necessary for the installation, maintenance, evaluation and
operation.
(7) The manufacturer
shall provide to the lessor or buyer of a device a manufacturer's warranty of
at least one (1) year which will cover all maintenance and service required
under normal use. If a device is no longer covered by a warranty and must be
restored to an operational status, the manufacturer may charge a fee that is
reasonable. The warranty or service work must be performed and returned to the
provider center expeditiously.
Notes
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