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§ 58-1-15. Warranties by manufacturers, distributors, or sellers of goods or services.

§ 58‑1‑15. Warranties by manufacturers, distributors, or sellers of goods or services.

(a)        As used in thissection:

(1)        "Goods"means all things that are moveable at the time of sale or at the time the buyertakes possession. "Goods" includes things not in existence at thetime the transaction is entered into; and includes things that are furnished orused at the time of sale or subsequently in modernization, rehabilitation,repair, alteration, improvement, or construction on real property so as tobecome a part of real property whether or not they are severable from realproperty.

(2)        "Services"means work, labor, and other personal services.

(b)        Any warranty madesolely by a manufacturer, distributor, or seller of goods or services withoutcharge, or an extended warranty offered as an option and made solely by amanufacturer, distributor, or seller of goods or services for charge, thatguarantees indemnity for defective parts, mechanical or electrical breakdown,labor, or any other remedial measure, including replacement of goods orrepetition of services, shall not be a contract of insurance under Articles 1through 64 of this Chapter; however, service agreements on motor vehicles aregoverned by G.S. 66‑370, 66‑372, and 66‑373. Serviceagreements on home appliances are governed by G.S. 66‑371, 66‑372,and 66‑373.

(c)        Nothing in thissection affects the provisions of Article 28 of this Chapter. Any warranty orextended warranty made by any person other than the manufacturer, distributor,or seller of the warranted goods or services is a contract of insurance.

(d)        Repealed by SessionLaws 1989 (Regular Session, 1990), c. 1021, s. 3. (1959, c. 866; 1975, cc. 643,788; 1977, c. 185; 1987, c. 369; 1989, c. 789, s. 2; 1989 (Reg. Sess., 1990),c. 1021, s. 3; 1991 (Reg. Sess., 1992), c. 1014, s. 2; 1995, c. 193, s. 2; 2007‑95,s. 7.)

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