Marvin Mandel, Governor                          1799

guaranteed which relates to the nature of the material or workman-
ship and affirms or promises that such material or workmanship is

defect-free or will meet a specified level of performance over a speci-
fied period of time, or

(2) Any undertaking in writing made at the time of sale to
refund, repair, replace, or take other remedial action with respect
to such consumer products in the event that such products prove
defective in material or workmanship or fail to meet a specified level
of performance over a specified period of time, which written affirma-
tion, promise, or undertaking becomes part of the basis of the bargain
between the guarantor and the person guaranteed. Written state-
ments or expressions of general policy concerning customer satis-
faction, which are not subject to specified limitations, shall not be
deemed to be guarantees within the meaning of this Act. The term
"guaranty" includes warranty and to guaranty is to warrant.

(f)    ''Without charge" means that the guarantor cannot assess the
person guaranteed for any costs the guarantor or his representative
incurs in connection with the required repair or replacement of the
consumer product. The term does not mean that the guarantor must
compensate the person guaranteed for incidental expenses unless such
expenses were incurred because the repair or replacement was not
made within a reasonable time.

(g)    "Reasonable and necessary maintenance" means those opera-
tions which the person guaranteed reasonably can be expected to per-
form or have performed which are necessary to keep the consumer
product performing its intended function.

(h) "Replace" means replacement with a new, identical or equi-
valent consumer product or component thereof, or the refunding of the
price of such product or component less reasonable depreciation if
neither replacement nor repair is commercially practicable or the per-
son guaranteed is willing to accept such refund in lieu of replacement
or repair.

(I) "WRONGFUL BREACH OF A GUARANTY" SHALL
MEAN THE FAILURE OF A GUARANTOR TO PERFORM
UNDER SECTION 169(A).

169.                        Duties of Guarantors

(a) In the sale of consumer products in this State pursuant to
which the guarantor gives a guaranty disclosing CONTAINING
THE DISCLOSURES OF the guarantor's obligation required by
Section 171 of this Act, the following duties shall be imposed upon
the guarantor for the stated period of the guaranty or, if no period is
stated, for a reasonable period of time:

(1)    To fulfill the guaranty according to its terms;

(2)    Within a reasonable period of time.

However, if the guaranty does not disclose the guarantor's obliga-
tions to the person guaranteed as required by Section 171 of this
Act, the following duties shall be imposed upon the guarantor for
the stated period of the guarantee or, if no period is stated, for
a reasonable period of time: