2010 West Virginia Code
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT
ARTICLE 6. GENERAL CONSUMER PROTECTION.
§46A-6-108. Breach of warranty; privity abolished.
§46A-6-108. Breach of warranty; privity abolished.
(a) Notwithstanding any other provision of law to the
contrary, no action by a consumer for breach of warranty or for
negligence with respect to goods subject to a consumer transaction
shall fail because of a lack of privity between the consumer and
the party against whom the claim is made. An action against any
person for breach of warranty or for negligence with respect to
goods subject to a consumer transaction shall not of itself
constitute a bar to the bringing of an action against another
person.
(b) Notwithstanding any other provision of law to the contrary with respect to goods which are the subject of or intended to become the subject of a consumer transaction, no manufacturer may fail to honor a manufacturer's warranty if the consumer has complied with applicable warranty registration provisions but the merchant from whom such goods were purchased has not complied with or registered the warranty, and in such case the manufacturer shall honor the warranty.
(c) When a merchant or manufacturer has failed to honor a warranty which is valid under the laws of this state and which the manufacturer is bound to honor, if the goods have been replaced or repaired by the merchant or a repairperson, as the case may be, such merchant, repairperson or consumer, in addition to any other remedy provided by law, shall have a cause of action against the manufacturer for the reasonable cost of such replacement or repair.
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