Code of Massachusetts Regulations
201 CMR - OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
Title 201 CMR 19.00 - Customized Wheelchair Arbitration
Section 19.13 - Damaged Customized Wheelchair

(1) If a customized wheelchair that is the subject of arbitration is damaged beyond reasonable wear and tear through no fault of the dealer, lessor or manufacturer, and that damage is unrelated to the defect, the consumer must:

(2) The consumer must notify the dealer, lessor or manufacturer of the existence and nature of such damage before the hearing, or, if the damage occurs after the hearing, within three days of occurrence.

(3) If the issue of damage is raised at the hearing, the arbitrator may assess fault and the cost to repair the damage. If the arbitrator assesses fault, and if he or she determines that the damage is not the fault of the dealer, lessor or the manufacturer, the arbitrator shall deduct from the amount of the award the cost to repair the damage.

(4) If the issue of damage is not resolved by the arbitrator, the manufacturer, lessor or dealer may submit a request in writing to the arbitration firm for permission to delay issuing the award until the issue of damage is resolved. Unless such permission is granted, the manufacturer shall pay the full award, or appeal the arbitrator's ruling, within the award/appeal period.