59.1-435 - Definitions. - Virginia Statutes

§ 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 andConsumer Services or his designee.

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

"Extended service contract" or "contract" means a written contract oragreement for a specific duration in return for the payment of a segregatedcharge by the purchaser to perform the repair or replacement of any consumerproduct, including a motor vehicle, or indemnification for repair orreplacement, for the operational or structural failure of any consumerproduct, including a motor vehicle, due to a defect in materials,workmanship, inherent defect, or normal wear and tear, with or withoutadditional provisions for incidental payment of indemnity under limitedcircumstances, including, but not limited to, towing, rental, and emergencyroad service and road hazard protection. Extended service contracts mayprovide for the repair or replacement of any consumer product for damageresulting from power surges or interruption or accidental damage fromhandling. Extended service contracts are not insurance in the Commonwealth orotherwise regulated under Title 38.2.

"Extended service contract provider" or "provider" means any person orentity other than a public service corporation supervised by the StateCorporation Commission, who is the original manufacturer or seller and whosolicits, offers, advertises, or executes extended service contracts. Suchdefinition 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 purchaserto provide services under the extended service contract and who is (i) theoriginal manufacturer or seller of the merchandise covered by the extendedservice contract, (ii) acting through or with the written consent of theoriginal manufacturer, seller or purchaser of the merchandise covered by theextended service contract, or (iii) acting through or with the writtenconsent of a manufacturer or seller of merchandise similar to the merchandisecovered by the extended service contract.

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

(1991, c. 654; 1996, c. 966; 2008, c. 524.)