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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 385

previous next Effective - 14 Oct 2016, 2 histories, see footnotebottom

  *385.200.  Definitions. — As used in sections 385.200 to 385.220, the following terms mean:

  (1)  "Administrator", the person other than a provider who is responsible for the administration of the service contracts or the service contracts plan or for any filings required by sections 385.200 to 385.220;

  (2)  "Business entity", any partnership, corporation, incorporated or unincorporated association, limited liability company, limited liability partnership, joint stock company, reciprocal, syndicate, or any similar entity;

  (3)  "Consumer", a natural person who buys other than for purposes of resale any tangible personal property that is distributed in commerce and that is normally used for personal, family, or household purposes and not for business or research purposes;

  (4)  "Dealers", any motor vehicle dealer or boat dealer licensed or required to be licensed under the provisions of sections 301.550 to 301.573;

  (5)  "Director", the director of the department of commerce and insurance;

  (6)  "Maintenance agreement", a contract of limited duration that provides for scheduled maintenance only;

  (7)  "Manufacturer", any of the following:

  (a)  A person who manufactures or produces the property and sells the property under the person's own name or label;

  (b)  A subsidiary or affiliate of the person who manufacturers or produces the property;

  (c)  A person who owns one hundred percent of the entity that manufactures or produces the property;

  (d)  A person that does not manufacture or produce the property, but the property is sold under its trade name label;

  (e)  A person who manufactures or produces the property and the property is sold under the trade name or label of another person;

  (f)  A person who does not manufacture or produce the property but, under a written contract, licenses the use of its trade name or label to another person who sells the property under the licensor's trade name or label;

  (8)  "Mechanical breakdown insurance", a policy, contract, or agreement issued by an authorized insurer who provides for the repair, replacement, or maintenance of a motor vehicle or indemnification for repair, replacement, or service, for the operational or structural failure of a motor vehicle due to a defect in materials or workmanship or to normal wear and tear;

  (9)  "Motor vehicle extended service contract" or "service contract", a contract or agreement for a separately stated consideration and for a specific duration to perform the repair, replacement, or maintenance of a motor vehicle or indemnification for repair, replacement, or maintenance, for the operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provision for incidental payment of indemnity under limited circumstances, including but not limited to towing, rental, and emergency road service.  The term shall also include a contract or agreement for a separately stated consideration and for a specific duration that provides for any of the following:

  (a)  The repair or replacement of tires or wheels on a motor vehicle damaged as a result of coming into contact with road hazards;

  (b)  The removal of dents, dings, or creases on a motor vehicle that can be repaired using the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels, sanding, bonding, or painting;

  (c)  The repair of chips or cracks in, or the replacement of, motor vehicle windshields as a result of damage caused by road hazards;

  (d)  The replacement of a motor vehicle key or key fob in the event that the key or key fob becomes inoperable or is lost or stolen; and

  (e)  If not inconsistent with other provisions of this section or section 385.206, 385.300, or 385.306, any other services approved by the director.

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The term shall not include mechanical breakdown insurance or maintenance agreements;

  (10)  "Nonoriginal manufacturer's parts", replacement parts not made for or by the original manufacturer of the property, commonly referred to as after-market parts;

  (11)  "Person", an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate, or any similar entity or combination of entities acting in concert;

  (12)  "Premium", the consideration paid to an insurer for a reimbursement insurance policy;

  (13)  "Producer", any business entity or individual person selling, offering, negotiating, or soliciting a motor vehicle extended service contract and required to be licensed as a producer under subsection 1 of section 385.206;

  (14)  "Provider", a person who is contractually obligated to the service contract holder under the terms of a motor vehicle extended service contract;

  (15)  "Provider fee", the consideration paid for a motor vehicle extended service contract by a service contract holder;

  (16)  "Reimbursement insurance policy", a policy of insurance issued to a provider and under which the insurer agrees, for the benefit of the motor vehicle extended service contract holders, to discharge all of the obligations and liabilities of the provider under the terms of the motor vehicle extended service contracts in the event of nonperformance by the provider.  All obligations and liabilities include, but are not limited to, failure of the provider to perform under the motor vehicle extended service contract and the return of the unearned provider fee in the event of the provider's unwillingness or inability to reimburse the unearned provider fee in the event of termination of a motor vehicle extended service contract;

  (17)  "Road hazard", a hazard encountered while driving a motor vehicle that includes, but is not limited to, potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or composite scraps;

  (18)  "Service contract holder" or "contract holder", a person who is the purchaser or holder of a motor vehicle extended service contract;

  (19)  "Warranty", a warranty made solely by the manufacturer, importer, or seller of property or services without charge, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor, or other remedial measures, such as repair or replacement of the property or repetition of services.

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(L. 2007 H.B. 221, A.L. 2011 S.B. 132, A.L. 2016 H.B. 1976)

*Effective 10-14-16, see § 21.250.  H.B. 1976 was vetoed July 1, 2016. The veto was overridden on September 14, 2016.


---- end of effective   14 Oct 2016 ----

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385.200 10/14/2016
385.200 1/1/2012 10/14/2016

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