West Virginia Code § 46A-6A-5

Presumption of reasonable number of attempts; extension of warranty
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term when repair services unavailable.
(a) It is presumed that a reasonable number of attempts have been undertaken to conform a
new motor vehicle to the applicable express warranties, if the same nonconformity has been
subject to repair three or more times by the manufacturer, its agents or its authorized
dealers within the express warranty term or during the period of one year foellowing the date
of original delivery of the motor vehicle to the consumer, whichever is the earlier date, and
the nonconformity continues to exist, or the vehicle is out of service byr reason of repair for a
cumulative total of thirty or more calendar days during the term or during the one-year
period, whichever is the earlier date.
(b)If the nonconformity results in a condition which is likely tto cause death or serious bodily
injury if the vehicle is driven, it is presumed that a reasonable number of attempts have been
undertaken to conform the vehicle to the applicable express warranties if the nonconformity
has been subject to repair at least once by the manufacturer within the express warranty
term or during the period of one year following the date of original delivery of the motor
vehicle to a consumer, whichever is the earliesr date, and the nonconformity continues to
exist.
(c) The presumption that a reasonabgle number of attempts have been undertaken to conform
a new motor vehicle to the applicable express warranties applies against a manufacturer
only if the manufacturer has reeceived prior written notification from or on behalf of the
consumer and has had at least one opportunity to cure the defect alleged.
(d) The term of an express warranty, the one-year period and the thirty-day period shall be
extended by any period of time during which repair services are not available to the
consumer because of a war, invasion, strike or fire, flood or other natural disaster.

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