West Virginia Code 46B-2-7 – Disclaimer of warranties and remedies prohibited
(a) Notwithstanding any other provision of law to the contrary with respect to consumer goods which are the subject of or are intended to become the subject of a rental contract subject to the provisions of this chapter, all warranties available to the consumer, express or implied, are cumulative and not exclusive, and the consumer shall have the benefit of any or all such warranties. No dealer, manufacturer, supplier or other merchant shall:
Terms Used In West Virginia Code 46B-2-7
- Consumer: means a natural person who acquires, or seeks to acquire, the right to possession and use of consumer goods from a dealer. See West Virginia Code 46B-1-5
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- goods: means goods intended to be used primarily for personal, family or household purposes. See West Virginia Code 46B-1-5
- Rental contract: means the total legal obligation that results from the rental agreement as affected by this chapter and any other applicable rules of law. See West Virginia Code 46B-1-5
(1) Exclude, modify or otherwise attempt to limit any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose; or
(2) Exclude, modify or attempt to limit any remedy provided by law, including the measure of damages available, for a breach of warranty, express or implied.
(b) Any exclusion, modification or attempted limitation of a warranty, express or implied, shall be void. Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed as inconsistent with each other.
(c) It is unlawful in a rental contract subject to the provisions of this chapter to attempt to exclude, modify or otherwise attempt to limit any implied warranty of merchantability or any part of it, or to attempt to exclude, modify or otherwise attempt to limit any implied warranty of fitness.