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PARRIS N. GLENDENING, Governor
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H.B. 863
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(2) "Services" includes services for home improvement, repair of a motor
vehicle and other [consumer] products, and the repair or installation of plumbing,
heating, electrical, or mechanical devices.
(3) "Services" does not include the professional services of an accountant,
architect, clergyman, engineer, lawyer, or medical or dental practitioner.
[(j)] (M) (1) "Without charge" means that the guarantor cannot charge the
person guaranteed for any costs which the guarantor or [his] THE GUARANTOR'S
representative incurs in connection with the required repair or replacement of a
consumer product.
(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;
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- 5241 -
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