265 CMR 6.04 - Cancellation of Sale

(1) 30-day Trial Period.
(a) In addition to any other rights and remedies a purchaser of a hearing instrument in Massachusetts is afforded, such purchaser shall have a 30-day trial period after date of receipt of the hearing instrument during which time such purchaser shall be entitled to a limited money back guarantee.
(b) During the 30-day period after receiving the hearing instrument, the purchaser shall be able to cancel the purchase by returning the hearing instrument or sending to the seller by certified mail a written notice of cancellation. If written notice is sent, the purchaser must return the hearing instrument to the seller within ten days of the written notice being sent in order for the money back guarantee to apply.
(c) If the hearing instrument must be repaired, remade, or adjusted during the 30-day trial period, the running of the 30-day trial period is suspended one day for each 24-hour period that the hearing aid is not in the purchaser's possession. For purposes of the computation of the trial period, a repaired, remade or adjusted hearing aid must be reclaimed by the purchaser within three working days after notification of availability. The running of the 30-day trial period resumes on the day the purchaser reclaims the repaired, remade or adjusted hearing aid or on the fourth day after availability.
(2) If a purchaser cancels or rescinds a sale within the terms of 265 CMR 6.04, the seller shall be entitled to retain the charges for ear molds; service provided to fit the hearing aid; and any repair, remake or adjustment performed that is not contained within any other warranty of sale or service, not to exceed 20% of the purchase charge. Any charges retained shall be explained in writing to the purchaser.
(3) Regarding refunds, if a purchased hearing instrument has been damaged, the seller may deduct from any refund due the purchaser the reasonable costs incurred in repairing the hearing instrument to make it suitable for resale. If the hearing instrument has been damaged beyond repair, the purchaser is liable for the full purchase price.

Notes

265 CMR 6.04
Amended by Mass Register Issue 1319, eff. 8/12/2016.

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