WVC 17 A- 6 A- 15
Notwithstanding the terms of any dealer agreement, a
manufacturer or distributor shall indemnify and hold harmless its
dealers for any reasonable expenses incurred, including damages,
court costs and attorney's fees, arising solely out of complaints,
claims or actions which relate to the manufacture, assembly, design
of a new motor vehicle or other functions by the manufacturer or
distributor beyond the control of the dealer, including, without
limitation, the selection by the manufacturer or distributor of
parts or components for the vehicle, and any damages to merchandise
occurring prior to acceptance of the vehicle by the dealer to the
dealer if the carrier is designated by the manufacturer or
distributor, if the new motor vehicle dealer gives timely notice to
the manufacturer or distributor of the complaint, claim or action.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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