MARVIN MANDEL, Governor

567

IS PART OF THE BASIS OF THE BARGAIN BETWEEN THEM:

(i) A WRITTEN AFFIRMATION OF FACT OR WRITTEN
PROMISE WHICH RELATES TO THE NATURE OF THE MATERIAL OR
WORKMANSHIP AND AFFIRMS OR PROMISES THAT THE MATERIAL OR
WORKMANSHIP IS DEFECT-FREE OR MEETS A SPECIFIED LEVEL OF
PERFORMANCE; OR

(ii) A WRITTEN UNDERTAKING TO REFUND, REPAIR,
REPLACE, OR TAKE OTHER REMEDIAL ACTION WITH RESPECT TO
THE CONSUMER PRODUCT IF IT PROVES DEFECTIVE IN MATERIAL
OR WORKMANSHIP OR FAILS TO MEET A SPECIFIED LEVEL OF
PERFORMANCE.

(2)   "GUARANTY" INCLUDES WARRANTY.

(3)    "GUARANTY" DOES NOT INCLUDE A WRITTEN
STATEMENT OR EXPRESSION OF GENERAL POLICY CONCERNING
CUSTOMER SATISFACTION WHICH IS NOT SUBJECT TO SPECIFIED
LIMITATIONS.

REVISOR'S NOTE: This subsection presently appears as
Art. 83, §169(e).

In paragraph (2) of this subsection, the
phrase "and to guaranty is to warrant" is
deleted as unnecessary.                                   '

The only other changes are in style.

(E)   PERSON.

"PERSON" INCLUDES AN INDIVIDUAL, CORPORATION,
BUSINESS TRUST, ESTATE, TRUST, PARTNERSHIP, ASSOCIATION,
TWO OR MORE PERSONS HAVING A JOINT OR COMMON INTEREST, OR
ANY OTHER LEGAL OR COMMERCIAL ENTITY.

REVISOR'S NOTE: This subsection is new language
setting forth a broad, standardized definition
of the word "person" as used in this article.
It is a synthesis of the U.C.C. definitions of
"person" and "organization" contained in
§1-201 (28) and (30) of this article, except
that the reference to "government or
governmental subdivision or agency" is not
included. This definition is in no way
intended to change the present law, merely to
clarify it.

(F)   PERSON GUARANTEED.
"PERSON GUARANTEED" MEANS:

(1) THE PERSON WHO IS THE FIRST BUYER AT