Current through Register Vol. XLI, No. 25, June 21, 2024
Section 142-7-2 - Definitions2.1. "The Act" means the Consumer Protection - New Motor Vehicle Warranties Act, W. Va. Code '46A-6A-1 et seq.2.2. "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.2.3. "Warrantor" means any manufacturer who gives or offers to give a written warranty which incorporates an informal dispute settlement mechanism.2.4. "Consumer" means the purchaser, other than for purpose 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.2.5. "Mechanism" means the organization, persons, or entity which conducts the decision-making processes under an informal dispute settlement procedure which is incorporated into the terms of a written warranty.2.6. "Members" mean the person or persons within a Mechanism actually deciding disputes.2.7. "Qualified Mechanism" means a third-party dispute settlement Mechanism which has been reviewed by the Director of the Consumer Protection Division, Office of the Attorney General, and certified and approved as meeting the requirements specified in the Act, W. Va. Code '46A-6A-8, and the requirements of the Legislative Rule, Series 3.2.8. "Provisionally Qualified Mechanism" means a third-party dispute settlement Mechanism which is not able to submit a complete application under the requirements of this Rule and is granted a one (1) year approval under the terms of Section 5 of this Rule.