(a) New motor vehicles
(1) Each new motor vehicle which is sold in the United States Virgin Islands must conform to all applicable warranties issued by the manufacturer.
(2) If a new motor vehicle sold in the United States Virgin Islands does not conform to all express applicable warranties, and the consumer reports the nonconformity, in writing, to the manufacturer, its distributor, or dealer, during the term of the express warranty, then the manufacturer, its agent, distributor, or dealer shall, in accordance with the terms of the express warranty, make the repairs necessary to conform the motor vehicle to the express warranty at no charge to the consumer, provided that the manufacturer's warranty does not require a charge, and notwithstanding the fact that the repairs may occur after the expiration of the term of the express warranty. If the effort to repair represents or is the third attempt to cure the same nonconformity, and the buyer has notified the manufacturer's authorized agent, distributor, or dealer, then the agent, distributor, or dealer shall forward written notice thereof to the manufacturer.
(3) If a new motor vehicle, not sold in the United States Virgin Islands, does not conform to any applicable express warranty, and the express warranty stipulated that any authorized dealer will make repairs to the vehicle, then no authorized dealer may refuse to make repairs to the vehicle in accordance with the manufacturer's warranty and in accordance with the provisions of paragraph (2) stated above.
(b) The manufacturer's standard warranty applicable in the United States shall apply to all vehicles imported into the United States Virgin Islands.
(c)
(1) If the manufacturer, distributor, or dealer is unable to conform any motor vehicle sold in the United States Virgin Islands to any applicable express warranty by repairing or correcting any defect or condition which substantially impairs the use and market value of the motor vehicle to the consumer after a reasonable number of documented attempts, then the manufacturer shall replace the motor vehicle with a comparable motor vehicle. The replacement vehicle will be assigned the license plates and registration of the original vehicle. The records at the Motor Vehicle Bureau shall be changed to show the description of the replacement vehicle. If the consumer chooses reimbursement, then the manufacturer shall accept return of the motor vehicle from the consumer and refund to the consumer the full purchase price, including all trade-in allowances, incidental costs, including interest and less a reasonable allowance for any damage not attributable to normal wear or usage which shall be determined by an appraiser if the parties fail to agree. Taxes resulting from any difference in the price or vehicle weight shall be paid by the consumer or refunded to the consumer at the time of transfer. A reasonable allowance for use shall include that amount directly attributable to the use by the consumer up to the time of replacement or refund. This amount may not exceed an amount equal to the depreciation in value of the motor vehicle for the period during which the motor vehicle is used by the consumer, calculated by a straight line depreciation method over seven years.
(2) Refunds shall be made to the consumer and lienholder, if any, as their interests may appear in the records of the lien held at the office of the Lieutenant Governor. The consumer shall provide the manufacturer/dealer with evidence of clear title or with copies of any security instruments or agreements. In the event of clear title, a refund shall be made to the consumer. In the event of a lien, the refund shall be made jointly to the consumer and the lienholder.
(3) In the alternative, if the consumer chooses replacement, the manufacturer may elect to replace the motor vehicle with a comparably priced motor vehicle, with such adjustments in price as the parties may agree to. An adjustment for reasonable use as defined in section 180, subsection (n), of this chapter, shall be made after the first 90 days. In the event the vehicle to be replaced is subject to a lien, the consumer shall present evidence to the dealer of free and clear title prior to receipt of a replacement or refund. The dealer shall provide the consumer with all documents necessary to facilitate production of free and clear title. It is an affirmative defense to any claim under this section that the nonconformity is the result of abuse, neglect, unauthorized modifications or alteration of the motor vehicle.
(d)
(1) It shall be presumed that a reasonable number of documented attempts have been undertaken to conform a motor vehicle to the applicable express warranties, if:
(A) The dealer has, under express warranty, made three attempts and the manufacturer one attempt, for a total of four attempts, to successfully repair nonconformities; or
(B) The motor vehicle is out of service to successfully repair nonconformities for a cumulative total of 40 business days, whichever comes first. It shall be presumed that a nonconformity has been successfully repaired if it does not reoccur within 90 days of its alleged repair or 3,000 miles, whichever occurs first. Any reoccurrence of the same nonconformity after the expiration of the above stated period shall be considered a new conformity.
(2) The term of the express warranty and the 40 day repair period provided for in paragraph (1) of this subsection, shall be extended by any period of time during which repair services are not available to the consumer because of war, invasion, earthquake, hurricane, strike, fire, flood or other disaster, which delays repair service. The presumption regarding a reasonable number of attempts provided for in this subsection shall not apply against a manufacturer if the manufacturer, or its agent, distributor, or dealer has been denied a reasonable opportunity to repair the alleged nonconformity.
(e) Nothing in this subchapter shall in any way limit the rights or remedies which are otherwise available to the consumer under any other law.
(f) Any agreement entered into by a consumer for the purchase of a new motor vehicle, which purports to waive, limit, or disclaim the rights set forth in this section shall be void as contrary to public policy. This right shall inure to a subsequent transferee of a new motor vehicle, except where such a transfer of warranty is specifically prohibited by the terms of the express warranty. If a dealer fails to provide a written warranty as required by this section, the dealer shall nevertheless be deemed to have given the warranty as a matter of law.
(g) A court may award to a prevailing consumer, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including reasonable attorneys' fees, incurred by the consumer in connection with the commencement and prosecution of action.
(h) A court may assess costs, including reasonable attorneys' fees, against a consumer who is deemed to have filed a claim in bad faith, or in the absence of a justifiable issue of fact or law, or for the sole purpose of harassment.
(i) Whenever the repair work must take more than five business days from the written notification of the nonconformity, the manufacturer, or distributor, shall be required to compensate the consumer in an amount sufficient to rent a vehicle until the nonconformity is successfully repaired.
(j) If the car dealer successfully repairs a nonconformity, the repair shall be guaranteed for a period of 90 days or the remainder of the warranty, whichever is greater.