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2008 SESSION

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088901676
HOUSE BILL NO. 1508 Offered January 17, 2008 A BILL to amend and reenact § 59.1-435 of the Code of Virginia, relating to extended service contracts. ---------- Patron-- Sickles ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 59.1-435 of the Code of Virginia is amended and reenacted as follows:

§ 59.1-435. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Board" means the Virginia Board of Agriculture and Consumer Services.

"Commissioner" means the Commissioner of the Department of Agriculture and Consumer Services or his designee.

"Consumer product" means tangible personal property primarily used for personal, family, or household purposes.

"Extended service contract" or "contract" means a written contract or agreement which is in effect for at least one year whereby the purchaser is indemnified against the cost of for a specific duration to perform the repair or, replacement, or maintenance of a consumer product which is defective in material or property, or indemnification for repair, replacement, or maintenance, for the operational or structural failure of any motor vehicle or consumer product due to a defect in materials, workmanship in return for the payment of a segregated charge by the purchaser, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances, including, but not limited to, towing, rental, and emergency road service and road hazard protection. Extended service contracts may provide for the repair, replacement, or maintenance of property for damage resulting from power surges or interruption or accidental damage from handling. Extended service contracts are not insurance in the Commonwealth or otherwise regulated under Title 38.2.

"Extended service contract provider" or "provider" means any person or entity other than a public service corporation supervised by the State Corporation Commission, who is the original manufacturer or seller and who solicits, offers, advertises, or executes extended service contracts. Such definition includes the obligor of the contract sold, solicited, offered, advertised or executed by the original manufacturer, seller or obligor.

"Obligor" means the person who is contractually obligated to the purchaser to provide services under the extended service contract and who is (i) the original manufacturer or seller of the merchandise covered by the extended service contract, (ii) acting through or with the written consent of the original manufacturer, seller or purchaser of the merchandise covered by the extended service contract, or (iii) acting through or with the written consent of a manufacturer or seller of merchandise similar to the merchandise covered by the extended service contract.

"Purchaser" means a person who enters into an extended service contract with an extended service contract provider.