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PARRIS N. GLENDENING, Governor
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Ch. 472
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14-404.
(a) (1) A guarantor shall fulfill [his] THE GUARANTOR'S guaranty according
to its terms:
(i) Within a reasonable time; and
(ii) For the stated period of the guaranty or, if no period is stated,
for a reasonable period of time.
(2) A PROVIDER SHALL FULFILL THE OBLIGATIONS UNDER THE
SERVICE CONTRACT ACCORDING TO ITS TERMS:
(I) AT OR WITHIN THE PERIOD STATED IN THE SERVICE
CONTRACT, OR IF NO PERIOD IS STATED, WITHIN A REASONABLE TIME; AND
(II) FOR THE STATED DURATION OF THE SERVICE CONTRACT.
[(2)](B) (1) (I) A guaranty is extended automatically when a
guarantor fails to repair successfully a malfunctioning or defective product within the
guaranty period.
(II) The guaranty does not terminate until the consumer product
successfully performs its intended function for the remaining period of the guaranty
plus a period equal to the time of repair.
(2) (I) A SERVICE CONTRACT IS EXTENDED AUTOMATICALLY WHEN
THE PROVIDER FAILS TO PERFORM THE SERVICES UNDER THE SERVICE CONTRACT.
(II) THE SERVICE CONTRACT DOES NOT TERMINATE UNTIL THE
SERVICES ARE PROVIDED IN ACCORDANCE WITH THE TERMS OF THE SERVICE
CONTRACT.
[(b)] (C) If a guaranty fails to disclose the information required by § 14-403
OF THIS SUBTITLE, the guarantor shall, without charge and within a reasonable
period of time:
(1) Repair a malfunctioning or defective consumer product; or
(2) If repair is not commercially practicable or cannot be timely made,
replace the malfunctioning or defective consumer product,
[(c)] (D) (1) If a guarantor is unable to fulfill the terms of the guaranty
within 10 days of the tender or delivery of a consumer product to the guarantor, [he]
THE GUARANTOR shall provide on request of the person guaranteed a brief written
explanation of the reasons for the delay.
(2) IF A PROVIDER IS UNABLE TO FULFILL THE TERMS OF THE SERVICE
CONTRACT WITHIN 10 DAYS AFTER THE DATE ON WHICH THE PROVIDER IS
REQUIRED TO PERFORM OBLIGATIONS UNDER THE SERVICE CONTRACT, THE
PROVIDER SHALL PROVIDE ON REQUEST OF THE PERSON GUARANTEED A BRIEF
WRITTEN EXPLANATION OF THE REASONS FOR THE DELAY.
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- 3775 -
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