(a) “Authorized distributor” means every person who is engaged in the wholesale or retail sale or distribution of motor vehicles by concession or agreement with the manufacturer; for purposes of this chapter the term “distributor” includes a “manufacturer”.
(b) “Commissioner” means the Commissioner of the Department of Licensing and Consumer Affairs of the Virgin Islands of the United States.
(c) “Comparable motor vehicle” means a new motor vehicle which is identical or reasonably equivalent to the motor vehicle to be replaced.
(d) “Consumer” or “customer” means any person:
(1) who purchases, other than for resale, a motor vehicle for personal, family, or household use;
(2) to whom a motor vehicle is transferred for personal, family, or household use during the term of the express warranty applicable to the motor vehicle; or
(3) any other person entitled by the terms of the express warranty to enforce the obligations of the warranty.
(e) “New car dealer” means any person or business selling or offering motor vehicles for sale which has an express or implied contractual relationship with a manufacturer or distributor, or which holds itself out to the public as having an express or implied contractual relationship with a manufacturer.
In order to operate as a “new car dealer” there must be a permanent licensed place of business with personnel, sales areas, service areas, and technical equipment appropriate to the needs arising from the responsibilities to the consumer resulting from this chapter.(f) “Demo or demonstrator” means a motor vehicle, the title of which has not been transferred to a buyer, but which has been driven more than 500 miles by the dealer for demonstration or promotional purposes. Such demonstrator (demo) shall have affixed proper documentation indicating that the vehicle is a demonstrator. The purchaser of such a vehicle shall be entitled to the applicable manufacturer's warranty.
(g) “Express warranty” means any written warranty, of the manufacturer. The term warranty pertains to the obligations of the manufacturer in relation to the use of an automobile for personal, family or household purposes throughout the duration of the warranty period.
(h) “Manufacturer” means any person or business, which is engaged in the manufacture, making, assembly and distribution of motor vehicles, including its subsidiaries and affiliates.
(i) “Manufacturer's representative” means any person who is employed by the manufacturer or any subsidiary or affiliated corporations thereof.
(j) “Motor vehicle” means any self propelled vehicle primarily designed for transportation of persons or property on highways and roads. This does not include vehicles run only upon tracks, off road vehicles, trucks over 10,000 lbs. gross vehicle weight, or the live-in facilities of recreational vehicles.
(k) “New motor vehicle” means a motor vehicle, the equitable or legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.
(l) “Nonconformity” means a defect or condition that substantially impairs the use, value, or safety of a new motor vehicle, but does not include a defect or condition which is the result of abuse, neglect, or unauthorized modification or alteration of a new motor vehicle.
(m) “Purchase Price” means the price the consumer paid for his vehicle, including cash and the value of any trade-in.
(n) “Reasonable allowance for use” means that amount directly attributed to use by the consumer at the time of replacement or refund. This amount shall be an amount equal to the depreciation in the value of the motor vehicle for the period during which the motor vehicle is used by the consumer, calculated by the straight line depreciation method over seven years.
(o) “Reasonable number of attempts” means that the dealer has under the express warranty three attempts and the manufacturer one attempt, for a total of four attempts, or 40 cumulative business days out of service, to successfully repair nonconformities.
(p) “Repair shop” means a person or company who, for compensation, offers to the public, and engages in the business of, diagnosing or repairing malfunctions of, or damage to, motor vehicles, or who performs maintenance services on motor vehicles.
(q) “Extended warranty plan” means a contract in writing which becomes effective at the termination of the manufacturer's base warranty period, and which extends warranty coverage, for any period of time or for any specific mileage, to refund, repair, replace, maintain or take other action with respect to a motor vehicle, which contract is provided at an extra charge beyond the price of the motor vehicle.
(r) “Substantial impairment” results when a new or used motor vehicle is rendered unreliable, or unsafe for ordinary use or reasonable intended purposes, arising from the design or manufacture of the vehicle.
(s) “Ultimate purchaser” means, with respect to any new motor vehicle, the first person, other than a dealer, who purchases a new motor vehicle for other than commercial or resale purposes.
(t) “Used car dealer” means any person or business which sells or offers for sale, on a continuing basis, used motor vehicles.
In order to operate as a “used car dealer” there must be a permanent licensed place of business with personnel, sales areas, service areas, and technical equipment appropriate to the need arising from the responsibilities to the consumer as stated in this chapter, or the person or business operating as a “use car dealer” must have in effect a contractual agreement, satisfactory to the Commissioner, to satisfy the purpose of this section. This does not include businesses or individuals who sell vehicles that they purchased for their own use which they have used personally or commercially other than in a new or used car business.(u) “Used motor vehicle” means any motor vehicle which has been previously titled or registered.
(v) “Used motor vehicle warranty” means any written undertaking, in connection with the sale by a dealer of a used motor vehicle, to refund, repair, replace, maintain or take other action with respect to the used motor vehicle.
(w) “Warranty period” or “warranty term” means the period ending one year after the date of the original delivery to the consumer of a new motor vehicle, or the term specified in the “base” warranty offered by the respective manufacturer, whichever is greater.