As used in this chapter, the following terms shall have the followingmeanings:
"Collateral charges" means any sales-related or lease-related chargesincluding but not limited to sales tax, license fees, registration fees,title fees, finance charges and interest, transportation charges, dealerpreparation charges or any other charges for service contracts, undercoating,rust proofing or installed options, not recoverable from a third party. If arefund involves a lease, "collateral charges" means, in addition to any ofthe above, capitalized cost reductions, credits and allowances for anytrade-in vehicles, fees to another to obtain the lease, and insurance orother costs expended by the lessor for the benefit of the lessee.
"Comparable motor vehicle" means a motor vehicle that is identical orreasonably equivalent to the motor vehicle to be replaced, as the motorvehicle to be replaced existed at the time of purchase or lease with anoffset from this value for a reasonable allowance for its use.
"Consumer" means the purchaser, other than for purposes of resale, or thelessee, of a motor vehicle used in substantial part for personal, family, orhousehold purposes, and any person to whom such motor vehicle is transferredfor the same purposes during the duration of any warranty applicable to suchmotor vehicle, and any other person entitled by the terms of such warranty toenforce the obligations of the warranty.
"Incidental damages" shall have the same meaning as provided in § 8.2-715.
"Lemon law rights period" means the period ending eighteen months after thedate of the original delivery to the consumer of a new motor vehicle. Thisshall be the period during which the consumer can report any nonconformity tothe manufacturer and pursue any rights provided for under this chapter.
"Lien" means a security interest in a motor vehicle.
"Lienholder" means a person, partnership, association, corporation orentity with a security interest in a motor vehicle pursuant to a lien.
"Manufacturer" means a person, partnership, association, corporation orentity engaged in the business of manufacturing or assembling motor vehicles,or of distributing motor vehicles to motor vehicle dealers.
"Manufacturer's express warranty" means the written warranty, so labeled,of the manufacturer of a new automobile, including any terms or conditionsprecedent to the enforcement of obligations under that warranty.
"Motor vehicle" means only passenger cars, pickup or panel trucks,motorcycles, self-propelled motorized chassis of motor homes and mopeds asthose terms are defined in § 46.2-100 and demonstrators or leased vehicleswith which a warranty was issued.
"Motor vehicle dealer" shall have the same meaning as provided in §46.2-1500.
"Nonconformity" means a failure to conform with a warranty, a defect or acondition, including those that do not affect the driveability of thevehicle, which significantly impairs the use, market value, or safety of amotor vehicle.
"Notify" or "notification" means that the manufacturer shall be deemed tohave been notified under this chapter if a written complaint of the defect ordefects has been mailed to it or it has responded to the consumer in writingregarding a complaint, or a factory representative has either inspected thevehicle or met with the consumer or an authorized dealer regarding thenonconformity.
"Reasonable allowance for use" shall not exceed one-half of the amountallowed per mile by the Internal Revenue Service, as provided by regulation,revenue procedure, or revenue ruling promulgated pursuant to § 162 of theInternal Revenue Code, for use of a personal vehicle for business purposes,plus an amount to account for any loss to the fair market value of thevehicle resulting from damage beyond normal wear and tear, unless the damageresulted from nonconformity to any warranty.
"Serious safety defect" means a life-threatening malfunction ornonconformity that impedes the consumer's ability to control or operate thenew motor vehicle for ordinary use or reasonable intended purposes or createsa risk of fire or explosion.
"Significant impairment" means to render the new motor vehicle unfit,unreliable or unsafe for ordinary use or reasonable intended purposes.
"Warranty" means any implied warranty or any written warranty of themanufacturer, or any affirmations of fact or promise made by the manufacturerin connection with the sale or lease of a motor vehicle that become part ofthe basis of the bargain. The term "warranty" pertains to the obligationsof the manufacturer in relation to materials, workmanship, and fitness of amotor vehicle for ordinary use or reasonable intended purposes throughout theduration of the lemon law rights period as defined under this section.
(1984, c. 773; 1988, c. 603; 1990, c. 772; 1998, c. 671.)
As used in this chapter, the following terms shall have the followingmeanings:
"Collateral charges" means any sales-related or lease-related chargesincluding but not limited to sales tax, license fees, registration fees,title fees, finance charges and interest, transportation charges, dealerpreparation charges or any other charges for service contracts, undercoating,rust proofing or installed options, not recoverable from a third party. If arefund involves a lease, "collateral charges" means, in addition to any ofthe above, capitalized cost reductions, credits and allowances for anytrade-in vehicles, fees to another to obtain the lease, and insurance orother costs expended by the lessor for the benefit of the lessee.
"Comparable motor vehicle" means a motor vehicle that is identical orreasonably equivalent to the motor vehicle to be replaced, as the motorvehicle to be replaced existed at the time of purchase or lease with anoffset from this value for a reasonable allowance for its use.
"Consumer" means the purchaser, other than for purposes of resale, or thelessee, of a motor vehicle used in substantial part for personal, family, orhousehold purposes, and any person to whom such motor vehicle is transferredfor the same purposes during the duration of any warranty applicable to suchmotor vehicle, and any other person entitled by the terms of such warranty toenforce the obligations of the warranty.
"Incidental damages" shall have the same meaning as provided in § 8.2-715.
"Lemon law rights period" means the period ending eighteen months after thedate of the original delivery to the consumer of a new motor vehicle. Thisshall be the period during which the consumer can report any nonconformity tothe manufacturer and pursue any rights provided for under this chapter.
"Lien" means a security interest in a motor vehicle.
"Lienholder" means a person, partnership, association, corporation orentity with a security interest in a motor vehicle pursuant to a lien.
"Manufacturer" means a person, partnership, association, corporation orentity engaged in the business of manufacturing or assembling motor vehicles,or of distributing motor vehicles to motor vehicle dealers.
"Manufacturer's express warranty" means the written warranty, so labeled,of the manufacturer of a new automobile, including any terms or conditionsprecedent to the enforcement of obligations under that warranty.
"Motor vehicle" means only passenger cars, pickup or panel trucks,motorcycles, self-propelled motorized chassis of motor homes and mopeds asthose terms are defined in § 46.2-100 and demonstrators or leased vehicleswith which a warranty was issued.
"Motor vehicle dealer" shall have the same meaning as provided in §46.2-1500.
"Nonconformity" means a failure to conform with a warranty, a defect or acondition, including those that do not affect the driveability of thevehicle, which significantly impairs the use, market value, or safety of amotor vehicle.
"Notify" or "notification" means that the manufacturer shall be deemed tohave been notified under this chapter if a written complaint of the defect ordefects has been mailed to it or it has responded to the consumer in writingregarding a complaint, or a factory representative has either inspected thevehicle or met with the consumer or an authorized dealer regarding thenonconformity.
"Reasonable allowance for use" shall not exceed one-half of the amountallowed per mile by the Internal Revenue Service, as provided by regulation,revenue procedure, or revenue ruling promulgated pursuant to § 162 of theInternal Revenue Code, for use of a personal vehicle for business purposes,plus an amount to account for any loss to the fair market value of thevehicle resulting from damage beyond normal wear and tear, unless the damageresulted from nonconformity to any warranty.
"Serious safety defect" means a life-threatening malfunction ornonconformity that impedes the consumer's ability to control or operate thenew motor vehicle for ordinary use or reasonable intended purposes or createsa risk of fire or explosion.
"Significant impairment" means to render the new motor vehicle unfit,unreliable or unsafe for ordinary use or reasonable intended purposes.
"Warranty" means any implied warranty or any written warranty of themanufacturer, or any affirmations of fact or promise made by the manufacturerin connection with the sale or lease of a motor vehicle that become part ofthe basis of the bargain. The term "warranty" pertains to the obligationsof the manufacturer in relation to materials, workmanship, and fitness of amotor vehicle for ordinary use or reasonable intended purposes throughout theduration of the lemon law rights period as defined under this section.
(1984, c. 773; 1988, c. 603; 1990, c. 772; 1998, c. 671.)
As used in this chapter, the following terms shall have the followingmeanings:
"Collateral charges" means any sales-related or lease-related chargesincluding but not limited to sales tax, license fees, registration fees,title fees, finance charges and interest, transportation charges, dealerpreparation charges or any other charges for service contracts, undercoating,rust proofing or installed options, not recoverable from a third party. If arefund involves a lease, "collateral charges" means, in addition to any ofthe above, capitalized cost reductions, credits and allowances for anytrade-in vehicles, fees to another to obtain the lease, and insurance orother costs expended by the lessor for the benefit of the lessee.
"Comparable motor vehicle" means a motor vehicle that is identical orreasonably equivalent to the motor vehicle to be replaced, as the motorvehicle to be replaced existed at the time of purchase or lease with anoffset from this value for a reasonable allowance for its use.
"Consumer" means the purchaser, other than for purposes of resale, or thelessee, of a motor vehicle used in substantial part for personal, family, orhousehold purposes, and any person to whom such motor vehicle is transferredfor the same purposes during the duration of any warranty applicable to suchmotor vehicle, and any other person entitled by the terms of such warranty toenforce the obligations of the warranty.
"Incidental damages" shall have the same meaning as provided in § 8.2-715.
"Lemon law rights period" means the period ending eighteen months after thedate of the original delivery to the consumer of a new motor vehicle. Thisshall be the period during which the consumer can report any nonconformity tothe manufacturer and pursue any rights provided for under this chapter.
"Lien" means a security interest in a motor vehicle.
"Lienholder" means a person, partnership, association, corporation orentity with a security interest in a motor vehicle pursuant to a lien.
"Manufacturer" means a person, partnership, association, corporation orentity engaged in the business of manufacturing or assembling motor vehicles,or of distributing motor vehicles to motor vehicle dealers.
"Manufacturer's express warranty" means the written warranty, so labeled,of the manufacturer of a new automobile, including any terms or conditionsprecedent to the enforcement of obligations under that warranty.
"Motor vehicle" means only passenger cars, pickup or panel trucks,motorcycles, self-propelled motorized chassis of motor homes and mopeds asthose terms are defined in § 46.2-100 and demonstrators or leased vehicleswith which a warranty was issued.
"Motor vehicle dealer" shall have the same meaning as provided in §46.2-1500.
"Nonconformity" means a failure to conform with a warranty, a defect or acondition, including those that do not affect the driveability of thevehicle, which significantly impairs the use, market value, or safety of amotor vehicle.
"Notify" or "notification" means that the manufacturer shall be deemed tohave been notified under this chapter if a written complaint of the defect ordefects has been mailed to it or it has responded to the consumer in writingregarding a complaint, or a factory representative has either inspected thevehicle or met with the consumer or an authorized dealer regarding thenonconformity.
"Reasonable allowance for use" shall not exceed one-half of the amountallowed per mile by the Internal Revenue Service, as provided by regulation,revenue procedure, or revenue ruling promulgated pursuant to § 162 of theInternal Revenue Code, for use of a personal vehicle for business purposes,plus an amount to account for any loss to the fair market value of thevehicle resulting from damage beyond normal wear and tear, unless the damageresulted from nonconformity to any warranty.
"Serious safety defect" means a life-threatening malfunction ornonconformity that impedes the consumer's ability to control or operate thenew motor vehicle for ordinary use or reasonable intended purposes or createsa risk of fire or explosion.
"Significant impairment" means to render the new motor vehicle unfit,unreliable or unsafe for ordinary use or reasonable intended purposes.
"Warranty" means any implied warranty or any written warranty of themanufacturer, or any affirmations of fact or promise made by the manufacturerin connection with the sale or lease of a motor vehicle that become part ofthe basis of the bargain. The term "warranty" pertains to the obligationsof the manufacturer in relation to materials, workmanship, and fitness of amotor vehicle for ordinary use or reasonable intended purposes throughout theduration of the lemon law rights period as defined under this section.
(1984, c. 773; 1988, c. 603; 1990, c. 772; 1998, c. 671.)
