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H.B. 863
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VETOES
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(b) (1) The guarantor OR PROVIDER may designate a representative to
perform [his] THE duties under this subtitle.
(2) However, this designation does not relieve the guarantor OR
PROVIDER of [his] THE duties to the person guaranteed.
14-409.
(A) EXCEPT FOR TITLE 13 OF THIS ARTICLE, THIS SUBTITLE PROVIDES THE
EXCLUSIVE REMEDY BY WHICH A PERSON GUARANTEED MAY RECOVER DAMAGES
FOR A BREACH OF A SERVICE CONTRACT OR MAY ENFORCE A SERVICE CONTRACT.
(B) (1) PROVIDERS, ADMINISTRATORS, AND OTHER PERSONS MARKETING,
SELLING, OR OFFERING TO ENTER INTO SERVICE CONTRACTS THAT COMPLY WITH
THE TERMS OF THIS SUBTITLE NEED NOT COMPLY WITH ANY PROVISION OF THE
INSURANCE ARTICLE.
(2) GUARANTORS, ADMINISTRATORS, AND OTHER PERSONS
MARKETING, SELLING, OR OFFERING TO ISSUE GUARANTEES THAT COMPLY WITH
THE TERMS OF THIS SUBTITLE NEED NOT COMPLY WITH ANY PROVISION OF THE
INSURANCE ARTICLE.
(C) (1) IN THIS SUBSECTION, "LICENSEE" MEANS A PERSON WHO:
(I) IS LICENSED AS A MASTER PLUMBER AND MEETS THE
QUALIFICATIONS TO ENGAGE IN THE BUSINESS OF PROVIDING PLUMBING SERVICES
UNDER TITLE 12 OF THE BUSINESS OCCUPATIONS AND PROFESSIONS ARTICLE;
(II) PROVIDES HEATING, VENTILATION, AIR-CONDITIONING, OR
REFRIGERATION SERVICES IN ACCORDANCE WITH A MASTER LICENSE OR A MASTER
RESTRICTED LICENSE ISSUED UNDER TITLE 9A OF THE BUSINESS REGULATION
ARTICLE; OR
(III) IS A LICENSED CONTRACTOR UNDER TITLE 8 OF THE BUSINESS
REGULATION ARTICLE.
(2) A LICENSEE IS NOT SUBJECT TO:
(I) THIS SUBTITLE IF THE SERVICES PROVIDED OR TO BE
PROVIDED UNDER THE SERVICE CONTRACT ARE WITHIN THE SCOPE OF THE
LICENSE'S LICENSEE LICENSEE'S LICENSE: OR
(II) ANY PROVISION OF THE INSURANCE ARTICLE APPLICABLE TO
SERVICE CONTRACTS.
[14-409.] 14-410.
This subtitle may be cited as the Maryland SERVICE CONTRACTS AND
Consumer Products Guaranty Act.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2002.
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- 5246 -
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