duration; implied warranty.
(a) A manufacturer who sells an assistive device to a
consumer, either directly or through an assistive device dealer,
shall furnish the consumer with an express warranty for the
assistive device. The duration of the express warranty shall be
not less than one year after first delivery of the assistive device
to the consumer. In the absence of an express warranty from the
manufacturer, the manufacturer shall be deemed to have expressly
warranted to the consumer of an assistive device that, for a period
of one year from the date of first delivery to the consumer, the
assistive device will be free from any condition or defect which
substantially impairs the value of the assistive device to the
consumer.
(b) Notwithstanding any other provision of law to the contrary with respect to assistive devices subject to the provisions of this article, no manufacturer, assistive device dealer or assistive device lessor shall:
(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.
Any such exclusion, modification or attempted limitation shall be void.
Note: WV Code updated with legislation passed through the 2012 1st Special Session
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