Section 14-404 - Duties of guarantor. - Maryland Statutes

§ 14-404. Duties of guarantor.
 

(a)  General duty to fulfill guaranty.-  

(1) A guarantor shall fulfill the guarantor's guaranty according to its terms: 

(i) Within a reasonable time; and 

(ii) For the stated period of the guaranty or, if no period is stated, for a reasonable period of time. 

(2) A provider shall fulfill the obligations under the service contract according to its terms: 

(i) At or within the period stated in the service contract, or if no period is stated, within a reasonable time; and 

(ii) For the stated duration of the service contract. 

(b)  Automatic extension of guaranty or service contract; termination.-  

(1) (i) A guaranty is extended automatically when a guarantor fails to repair successfully a malfunctioning or defective product within the guaranty period. 

(ii) The guaranty does not terminate until the consumer product successfully performs its intended function for the remaining period of the guaranty plus a period equal to the time of repair. 

(2) (i) A service contract is extended automatically when the provider fails to perform the services under the service contract. 

(ii) The service contract does not terminate until the services are provided in accordance with the terms of the service contract. 

(c)  Duty on failure of guaranty to disclose required information.- If a guaranty fails to disclose the information required by § 14-403 of this subtitle, the guarantor shall, without charge and within a reasonable period of time: 

(1) Repair a malfunctioning or defective consumer product; or 

(2) If repair is not commercially practicable or cannot be timely made, replace the malfunctioning or defective consumer product. 

(d)  Duty to explain reasons for delay in fulfilling guaranty.-  

(1) If a guarantor is unable to fulfill the terms of the guaranty within 10 days of the tender or delivery of a consumer product to the guarantor, the guarantor shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay. 

(2) If a provider is unable to fulfill the terms of the service contract within 10 days after the date on which the provider is required to perform obligations under the service contract, the provider shall provide on request of the person guaranteed a brief written explanation of the reasons for the delay. 
 

[An. Code 1957, art. 83, § 170; 1975, ch. 49, § 3; 1977, ch. 468; 2002, ch. 472, § 1.]