201 Mass. Reg. 19.15

Current through Register 1527, August 2, 2024

Section 19.15 - Notices to Consumers

(1) A Notice to Consumers shall be conspicuously displayed for consumers in the location or business where the customized wheelchairs are sold, offered for sale, or on display in the Commonwealth of Massachusetts.

Such Notice shall state:

ATTENTION CONSUMERS

The Massachusetts "Customized Wheelchair Lemon Law", M.G.L. c. 93, § 107, provides protection for consumers who have a defective, customized wheelchair and have paid out of pocket for all or part of the cost of the customized wheelchair.

UNDER THE CUSTOMIZED WHEELCHAIR LEMON LAW, YOU HAVE A RIGHT TO A REFUND OR REPLACEMENT OF THE CUSTOMIZED WHEELCHAIR IF:

(a) there is a substantial defect(s); and

(b) the defect still exists or has recurred after either:

1. four or more repair attempts for the same defect; or

2. being out of service for an aggregate of at least 30 days because of a warranty nonconformity, within one year after original delivery; and

(c) the manufacturer has been notified of the defect and given one final repair attempt of no more than seven business days.

IF THE MANUFACTURER DOES NOT REFUND OR REPLACE THE CUSTOMIZED WHEELCHAIR, YOU HAVE A RIGHT TO HAVE YOUR CASE ARBITRATED BY A STATE ADMINISTERED ARBITRATION PROGRAM ARBITRATOR.

FOR MORE INFORMATION, REFER TO THE "CUSTOMIZED WHEELCHAIR LEMON LAW" INFORMATION PROVIDED WFTH YOUR OWNERSHIP MANUAL MATERIALS, OR CONTACT:

Office of Consumer Affairs and Business Regulation http://www.mass.gov/ocabr/

Customized Wheelchair Lemon Law Information: (617) 973-8733, 1-888-283-3757

(2) All customized wheelchairs still within the term of protection which are sold, or offered for sale in Massachusetts shall include with the ownership manual materials an information sheet, in not smaller than 12 point type:

ATTENTION CONSUMERS

"Customized Wheelchair Lemon Law" Information:

If You Have A Defective Customized Wheelchair

The Massachusetts "Customized Wheelchair Lemon Law", M.G.L. c. 93, § 107 provides protection for consumers who have a defective, customized wheelchair.

UNDER THE CUSTOMIZED WHEELCHAIR LEMON LAW, YOU HAVE A RIGHT TO A REFUND OR REPLACEMENT OF THE CUSTOMIZED WHEELCHAIR IF:

(a) there is a substantial defect(s); and

(b) the defect still exists or has recurred after either:

1. four or more repair attempts for the same defect; or

2. being out of service for an aggregate of at least 30 days because of a warranty nonconformity, within one year after original delivery; and

(c) the manufacturer has been notified of the defect and given one final repair attempt of no more than seven business days.

IF THE MANUFACTURER DOES NOT REFUND OR REPLACE THE CUSTOMIZED WHEELCHAIR, YOU HAVE A RIGHT TO HAVE YOUR CASE ARBITRATED BY A STATE ADMINISTERED ARBITRATION PROGRAM ARBITRATOR.

This state-administered arbitration is different from any manufacturer-sponsored program to which you may also be entitled. Under the state program, you will be sent a decision within 45 days of when your request for arbitration is accepted.

Under the law, you must request state administered arbitration within 18 months of original delivery of the customized wheelchair.

THIS SHEET PROVIDES ONLY A SUMMARY OF YOUR RIGHTS.

To request arbitration, or to get further information, contact:

Office of Consumer Affairs and Business Regulation http://www.mass.gov/ocabr/

Customized Wheelchair Lemon Law Information: (617) 973-8733, 1-888-283-3757

(3) The manufacturer shall be responsible for supplying the foregoing notices to dealers and lessors. The dealer and lessor shall be responsible for placing and displaying the notices for consumers in the location or business where the customized wheelchairs are sold, offered for sale or lease, or on display and for providing such notices to the consumer with the ownership or leasing materials.

201 CMR 19.15

Adopted by Mass Register Issue 1367, eff. 6/15/2018.