Applicant. The consumer under M.G.L c. 93, § 107, who files a request, on an approved form, for arbitration before an OCABR approved arbitrator claiming a defective customized wheelchair.
Arbitrator. The individual or entity approved and appointed by the Undersecretary of the Office of Consumer Affairs and Business Regulation to conduct customized wheelchair arbitrations.
Award/Appeal Period. The 21-day period for compliance with or appeal of a finding in favor of the consumer by the arbitrator.
Continuing Costs. All incidental costs accrued during that period after the hearing and before the consumer has been tendered a full refund for or replacement of the customized wheelchair as ordered while the consumer is still in possession of the defective, customized wheelchair.
Customized Wheelchair. A new manual or motorized wheeled device which is adapted to meet the specific needs of a particular individual's disability, excluding an automobile, van or truck and for which a consumer pays all or some costs out of pocket for their private purchase or lease.
Consumer.
Customized Wheelchair Dealer. A person in the business of selling customized wheelchairs.
Customized Wheelchair Lessor. A person who leases a customized wheelchair to a consumer or who holds the lessor's rights under a written lease.
Manufacturer. A person or his agent who manufactures or assembles customized wheelchairs, including an importer, distributor, factory branch, distributor branch and warrantors of the manufacturer's customized wheelchair; provided, however, Manufacturer shall not include a customized wheelchair dealer.
Nonconformity. A condition or defect that substantially impairs the use, value or safety of a customized wheelchair and which is covered by an express warranty applicable to the customized wheelchair or to a component of the customized wheelchair. Nonconformity shall not include a condition or defect which results from abuse, neglect or the unauthorized modification or alteration of the customized wheelchair by a consumer.
OCABR. The Office of Consumer Affairs and Business Regulation.
Reasonable Attempt To Repair. Any of the following occurring within the term of an express warranty period applicable to a new customized wheelchair within one year after delivery of the customized wheelchair to a consumer, whichever occurs first:
Request for Arbitration Form. The form provided by the Undersecretary of OCABR to applicants filing for arbitration.
201 CMR 19.01