§ 4247. Definitions
As used in this subchapter:
(1) “Commissioner” means the Commissioner of Financial Regulation.
(2) “Consumer” means a natural person who buys other than for purposes of resale any tangible
personal property that is distributed in commerce and that is normally used for personal,
family, or household purposes, and not for commercial purposes.
(3) “Service contract holder” means a person who is the purchaser or holder of a service
contract.
(4) “Manufacturer” means a person that manufactures, produces, or markets goods and sells
the goods under its own name or label; or manufactures or produces goods and the goods
are sold under the trade name or label of another person.
(5) “Maintenance agreement” means a contract of limited duration that provides for scheduled
maintenance only.
(6) “Mechanical breakdown insurance” means any policy, contract, or agreement issued by
an authorized insurer that provides for the repair, replacement, or maintenance of
property or indemnification for repair, replacement, or maintenance, for the operational
or structural failure of the property due to a defect in materials or workmanship
or due to normal wear and tear.
(7) “Provider” means a person who issues, makes, or provides a service contract, and who
is contractually obligated to provide service under a service contract and is not
the manufacturer.
(8) “Service contract” means any contract or agreement to perform or indemnify for a specific
duration the repair, replacement, or maintenance of property for operational or structural
failure due to a defect in materials, workmanship, or normal wear and tear, with or
without additional provisions for incidental payment of indemnity under limited circumstances,
including towing, rental, and emergency road service.
(9) “Service contract reimbursement policy” means a policy of insurance providing full
reimbursement coverage for all obligations and liabilities under the terms of a service
contract issued by the provider.
(10) “Warranty” means a warranty made solely by the manufacturer, importer, or seller of
property or services, without charge, that is not negotiated or separated from the
sale of the product and is incidental to the sale of the product, and that guarantees
indemnity for defective parts, mechanical or electrical breakdown, labor, or other
remedial measures, such as repair or replacement of the property or repetition of
services. (Added 1997, No. 109 (Adj. Sess.), § 2, eff. Sept. 1, 1998; amended 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)