W. Va. Code R. § 142-3-2

Current through Register Vol. XLI, No. 37, September 13, 2024
Section 142-3-2 - Definitions
2.1. "The Act" means the Consumer Protection-New Motor Vehicle Warranties Act, W. Va. Code '46A-6A-1 et seq.
2.2. "Motor Vehicle" means any passenger automobile sold in this State, including pickup trucks and vans subject to registration as a Class A motor vehicle under the provisions of West Virginia Code '17-10-1 et seq., and any self-propelled motor vehicle chassis of motor homes sold in this State subject to registration as a Class A or Class B motor vehicle under the provisions of W. Va. Code '17A-10-1 et seq.
2.3. "Manufacturer's Express Warranty" and "Warranty" means the written warranty of the manufacturer of a new motor vehicle of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.
2.4. "Manufacturer" means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least ten (10) new motor vehicles.
2.5. "Warrantor" means any manufacturer who gives or offers to give a written warranty which incorporates an informal dispute settlement mechanism.
2.6. "Consumer" means the purchaser, other than for purposes of resale, of a new motor vehicle purchased in this State used primarily for personal, family or household purposes, a person to whom the new motor vehicle is transferred for the same purposes during the duration of an express warranty applicable to the motor vehicle and any other person entitled by the term of the warranty to enforce the obligation of the warranty.
2.7. "Mechanism" means an informal dispute settlement procedure which is incorporated into the terms of a written warranty.
2.8. "Members" means the person or persons within a mechanism actually deciding disputes.
2.9. "On The Face Of The Warranty" means
(1) if the warranty is a single sheet with printing on both sides of the sheet or if the warranty is comprised of more than one (1) sheet, the page on which the warrant text begins; and
(2) if the warranty is included as a part of a longer document, such as a use and care manual, the page in such document on which the warranty text begins.

W. Va. Code R. § 142-3-2