Defects that involve parts that are covered under an express warranty issued by the manufacturer of the customized wheelchair will be excluded from the warranty required by M.G.L. c. 93, § 107(B), provided that the following conditions are met:
- (1) the dealer gives the consumer a copy of the manufacturer's warranty at the time of sale;
- (2) the manufacturer's warranty has been duly assigned or transferred to the consumer;
- (3) the manufacturer's warranty is enforceable by the consumer according to its terms;
- (4) the manufacturer's warranty is not inconsistent with M.G.L. c. 93, § 107(B); and
- (5) the dealer assures that the defect(s) covered by the manufacturer's express warranty is repaired.