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PARRIS N. GLENDENING, Governor
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Ch. 472
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(2) "Without charge" does not mean that the guarantor must compensate
the person guaranteed for incidental expenses unless the expenses were incurred
because the repair or replacement was not made within a reasonable time.
[(k)] (N) "Wrongful breach of a guaranty" means the failure of a guarantor to
perform the duties imposed by § 14-404(a), [and] (b), AND (C) OF THIS SUBTITLE.
(O) "WRONGFUL BREACH OF A SERVICE CONTRACT" MEANS THE FAILURE OF
A PROVIDER TO PERFORM THE DUTIES IMPOSED BY § 14-404(A), (B), AND (C) OF THIS
SUBTITLE.
14-402.
This subtitle shall be liberally construed and applied to promote its purposes
and policies.
14-403.
(A) A guarantor shall deliver to the first person guaranteed the following
written information:
(1) The duration of the guaranty period measured by time or, if practical,
by some measure of usage such as mileage;
(2) Any reasonable and necessary maintenance required as a condition
for the performance of the guaranty;
(3) A recital of the guarantor's obligations to the person guaranteed
during the guaranty period;
(4) The procedure which the person guaranteed should follow to obtain
the repair or replacement of the malfunctioning or defective consumer product; and
(5) Any means established by the guarantor for quick informal
settlement of any guaranty dispute.
(B) EACH SERVICE CONTRACT SHALL BE IN WRITING AND SHALL SPECIFY:
(1) THE DURATION OF THE SERVICE CONTRACT MEASURED BY TIME OR,
IF PRACTICAL, BY SOME MEASURE OF USAGE;
(2) ANY REASONABLE AND NECESSARY MAINTENANCE REQUIRED TO BE
PERFORMED BY THE PERSON GUARANTEED AS A CONDITION FOR THE
PERFORMANCE OF THE SERVICE CONTRACT;
(3) THE PURCHASE PRICE AND TERMS OF THE SERVICE CONTRACT,
INCLUDING A RECITAL OF THE PROVIDER'S OBLIGATIONS UNDER THE SERVICE
CONTRACT;
(4) THE MERCHANDISE AND SERVICES TO BE PROVIDED;
(5) THE PROCEDURES WHICH THE PERSON GUARANTEED SHOULD
FOLLOW TO OBTAIN THE SERVICES UNDER THE SERVICE CONTRACT OR TO FILE A
CLAIM UNDER THE SERVICE CONTRACT;
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- 3773 -
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