(b) The term does not include a condition or defect of the assistive device that:(1) is the result of:(A) abuse, misuse, or neglect by a consumer;(B) modifications or alterations not authorized by the manufacturer;(C) normal wear, including accumulation of ear wax, perspiration, or moisture;(D) normal use that may be resolved through a fitting adjustment, routine maintenance, preventative maintenance, or proper care; or(E) a consumer's failure to follow any manufacturer's written service and maintenance guidelines furnished at the time of purchase; or(2) indicates the need for:(A) routine adjustment, modification, or upgrade; or(B) an adjustment:(i) due to an exacerbation in the condition of the individual with a disability; or(ii) to improve the fit of the assistive device.As added by P.L.85-1999, SEC.1.
Indiana Legal Code