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PARRIS N. GLENDENING, Governor
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H.B. 863
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(c) "Guarantor" means a person who is engaged in the business of making
consumer products available to consumers and who makes a guaranty.
(d) (1) "Guaranty" means any of the following which is made at the time of
the sale of a consumer product by a guarantor to a person guaranteed and which 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:
(I) [a] A written statement or expression of general policy
concerning customer satisfaction which is not subject to specified limitations; OR
(II) A SERVICE CONTRACT.
(E) "MECHANICAL BREAKDOWN INSURANCE" MEANS A 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 SERVICES, FOR THE OPERATIONAL OR STRUCTURAL
FAILURE OF A PRODUCT DUE TO A DEFECT IN THE MATERIALS OR WORKMANSHIP OR
DUE TO NORMAL WEAR AND TEAR
[(e)] (F) "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.
[(f)] (G) "Person guaranteed" means:
(1) The person who is the first buyer at retail of a consumer product
which is the subject of a guaranty; [or]
(2) A person who is entitled to enforce the obligations of a guaranty
against the guarantor; OR
(3) THE PERSON WHO IS ENTITLED TO ENFORCE THE OBLIGATIONS OF
THE PROVIDER UNDER A SERVICE CONTRACT.
(H) "PROVIDER" MEANS A PERSON OR PERSONS ACTING IN CONCERT WHO ARE
CONTRACTUALLY OBLIGATED UNDER THE TERMS OF A SERVICE CONTRACT TO
PROVIDE SERVICES TO THE OWNER OF A PRODUCT COVERED BY THE SERVICE
CONTRACT.
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- 5239 -
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