Massachusetts

Devices covered and Devices excluded

''Customized wheelchair'', a 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 which a consumer purchases or accepts for transfer in the commonwealth.

Coverage period

(B) A manufacturer who sells a customized wheelchair to a consumer, either directly or through a customized wheelchair dealer, shall furnish the consumer with an express warranty for the customized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of the customized wheelchair to the consumer. In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expressly warranted to the consumer that, for a period of one year from the date of first delivery to such consumer, the customized wheelchair shall be free from any condition or defect which substantially impairs the use value or safety of the customized wheelchair.

Repair attempts required and Days out of service

''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: (1) a nonconformity within the warranty is subject to repair at least four times by the manufacturer, customized wheelchair lessor, or any of the manufacturer's authorized dealers and the nonconformity continues, or (2) the customized wheelchair is out of service for an aggregate of at least thirty days because of a warranty nonconformity.

Remedy

(b) At the direction of a consumer other than one who leases a customized wheelchair, the manufacturer shall: (i) accept return of the customized wheelchair and replace it with a comparable new customized wheelchair and refund any collateral costs; or (ii) accept return of the customized wheelchair and refund to the consumer and to any holder of a perfected security interest, as their interest may appear, the full purchase price and any finance charge amount paid by the consumer at the point of sale and any collateral costs, less a reasonable allowance for use.