{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-435.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-435.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-435.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-435.html"}],"law_id":65655,"edition_id":1,"section_id":65655,"structure_id":14618,"section_number":"59.1-435","catch_line":"Definitions","history":"1991, c. 654; 1996, c. 966; 2008, c. 524; 2014, c. 193.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Board” means the Virginia Board of Agriculture and Consumer Services.\n\t\t“Commissioner” means the Commissioner of the Department of Agriculture and Consumer Services or his designee.\n\t\t“Consumer product” means tangible personal property primarily used for personal, family, or household purposes.\n\t\t“Extended service contract” or “contract” means a written contract or agreement for a specific duration in return for the payment of a segregated charge by the purchaser to perform the repair or replacement of any consumer product, including a motor vehicle, or indemnification for repair or replacement, for the operational or structural failure of any consumer product, including a motor vehicle, due to a defect in materials, workmanship, 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 any one or more of the following:\n\n1\n\nThe repair or replacement of any consumer product for damage resulting from power surges or interruption or accidental damage from handling;2\n\nThe repair or replacement of tires or wheels, or both, on a motor vehicle damaged as the result of coming into contact with a road hazard;3\n\nThe 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;4\n\nThe repair of chips or cracks in, or the replacement of, a motor vehicle windshield as a result of damage caused by a road hazard;5\n\nThe 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;6\n\nThe installation on or application to a motor vehicle of a protective chemical, substance, device, or system that (i) is designed to prevent loss or damage to the motor vehicle from a specific cause and (ii) includes, within or as an accompaniment to the extended service contract, an agreement that provides for payment to or on behalf of the purchaser of incidental costs in the event that the protective chemical, substance, device, or system fails to prevent loss or damage as specified, provided that the reimbursement of incidental costs under such agreement is tied to the purchase of a protective chemical, substance, device, or system that is formulated or designed to make the specified loss or damage less likely to occur; or7\n\nAny other service that may be designated by the Board as provided in subsection B of § 59.1-438.\n\t\t\t“Extended service contract” does not include a contract or agreement that provides (i) for the application of fuel additives, oil additives, or other chemical products to the engine, transmission, or fuel system of a motor vehicle or (ii) coverage for (a) the repair of damage to the interior surfaces of a motor vehicle or the replacement of the interior surfaces of a motor vehicle, or both, or (b) the repair of damage to the exterior paint finish of a motor vehicle or the replacement of the exterior paint finish of a motor vehicle, or both, unless the coverage is provided under a product warranty included in connection with the sale of a protective chemical, substance, device, or system described in subdivision 6.\n\t\t\t“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.\n\t\t\t“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.\n\t\t\t“Purchaser” means a person who enters into an extended service contract with an extended service contract provider.\n\t\t\t“Road hazard” means a hazard that is encountered while driving a motor vehicle, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, and composite scraps.","order_by":null,"text":{"0":{"id":238614,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Board” means the Virginia Board of Agriculture and Consumer Services.\n\t\t“Commissioner” means the Commissioner of the Department of Agriculture and Consumer Services or his designee.\n\t\t“Consumer product” means tangible personal property primarily used for personal, family, or household purposes.\n\t\t“Extended service contract” or “contract” means a written contract or agreement for a specific duration in return for the payment of a segregated charge by the purchaser to perform the repair or replacement of any consumer product, including a motor vehicle, or indemnification for repair or replacement, for the operational or structural failure of any consumer product, including a motor vehicle, due to a defect in materials, workmanship, 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 any one or more of the following:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":238615,"text":"The repair or replacement of any consumer product for damage resulting from power surges or interruption or accidental damage from handling;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":238616,"text":"The repair or replacement of tires or wheels, or both, on a motor vehicle damaged as the result of coming into contact with a road hazard;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":238617,"text":"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;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":238618,"text":"The repair of chips or cracks in, or the replacement of, a motor vehicle windshield as a result of damage caused by a road hazard;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":238619,"text":"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;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":238620,"text":"The installation on or application to a motor vehicle of a protective chemical, substance, device, or system that (i) is designed to prevent loss or damage to the motor vehicle from a specific cause and (ii) includes, within or as an accompaniment to the extended service contract, an agreement that provides for payment to or on behalf of the purchaser of incidental costs in the event that the protective chemical, substance, device, or system fails to prevent loss or damage as specified, provided that the reimbursement of incidental costs under such agreement is tied to the purchase of a protective chemical, substance, device, or system that is formulated or designed to make the specified loss or damage less likely to occur; or","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":238621,"text":"Any other service that may be designated by the Board as provided in subsection B of § 59.1-438.\n\t\t\t“Extended service contract” does not include a contract or agreement that provides (i) for the application of fuel additives, oil additives, or other chemical products to the engine, transmission, or fuel system of a motor vehicle or (ii) coverage for (a) the repair of damage to the interior surfaces of a motor vehicle or the replacement of the interior surfaces of a motor vehicle, or both, or (b) the repair of damage to the exterior paint finish of a motor vehicle or the replacement of the exterior paint finish of a motor vehicle, or both, unless the coverage is provided under a product warranty included in connection with the sale of a protective chemical, substance, device, or system described in subdivision 6.\n\t\t\t“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.\n\t\t\t“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.\n\t\t\t“Purchaser” means a person who enters into an extended service contract with an extended service contract provider.\n\t\t\t“Road hazard” means a hazard that is encountered while driving a motor vehicle, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, and composite scraps.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":14618,"edition_id":1,"name":"Extended Service Contract Act","identifier":"34","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:48:56","date_modified":"2026-06-26 03:48:56","permalink":{"id":261459,"object_type":"structure","relational_id":14618,"identifier":"34","token":"59.1\/34","url":"\/59.1\/34\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65655,"structure_id":14618,"section_number":"59.1-435","catch_line":"Definitions","url":"\/59.1-435\/","token":"59.1\/34\/59.1-435","metadata":false},{"id":77953,"structure_id":14618,"section_number":"59.1-436","catch_line":"Registration; fees; exemptions","url":"\/59.1-436\/","token":"59.1\/34\/59.1-436","metadata":false},{"id":74852,"structure_id":14618,"section_number":"59.1-437","catch_line":"Third party obligors; proof of financial stability","url":"\/59.1-437\/","token":"59.1\/34\/59.1-437","metadata":false},{"id":85861,"structure_id":14618,"section_number":"59.1-437.1","catch_line":"Denial, suspension, or revocation of registration","url":"\/59.1-437.1\/","token":"59.1\/34\/59.1-437.1","metadata":false},{"id":84052,"structure_id":14618,"section_number":"59.1-438","catch_line":"Regulations","url":"\/59.1-438\/","token":"59.1\/34\/59.1-438","metadata":false},{"id":74376,"structure_id":14618,"section_number":"59.1-439","catch_line":"Investigations","url":"\/59.1-439\/","token":"59.1\/34\/59.1-439","metadata":false},{"id":56458,"structure_id":14618,"section_number":"59.1-440","catch_line":"Production of records","url":"\/59.1-440\/","token":"59.1\/34\/59.1-440","metadata":false},{"id":56159,"structure_id":14618,"section_number":"59.1-440.1","catch_line":"Extended service contracts not insurance","url":"\/59.1-440.1\/","token":"59.1\/34\/59.1-440.1","metadata":false},{"id":57967,"structure_id":14618,"section_number":"59.1-441","catch_line":"Violations of chapter; penalty","url":"\/59.1-441\/","token":"59.1\/34\/59.1-441","metadata":false}],"next_section":{"id":77953,"structure_id":14618,"section_number":"59.1-436","catch_line":"Registration; fees; exemptions","url":"\/59.1-436\/","token":"59.1\/34\/59.1-436","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-435\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 654 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 966<\/a>; in 2008, chapter 524<\/a>; in 2014, chapter 193<\/a>.<\/p>","references":[{"id":59918,"section_number":"38.2-100","catch_line":"Definitions","order_by":null,"url":"\/38.2-100\/"},{"id":71014,"section_number":"38.2-1875","catch_line":"Definitions","order_by":null,"url":"\/38.2-1875\/"},{"id":67881,"section_number":"46.2-1527.10","catch_line":"Recovery on bond","order_by":null,"url":"\/46.2-1527.10\/"},{"id":70680,"section_number":"46.2-1527.2","catch_line":"Bonding requirements for applicants for an original license","order_by":null,"url":"\/46.2-1527.2\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"},{"id":59010,"section_number":"59.1-207.48","catch_line":"Exemptions","order_by":null,"url":"\/59.1-207.48\/"},{"id":73836,"section_number":"59.1-434.7","catch_line":"Home service contracts not insurance; exemptions","order_by":null,"url":"\/59.1-434.7\/"},{"id":84052,"section_number":"59.1-438","catch_line":"Regulations","order_by":null,"url":"\/59.1-438\/"},{"id":85675,"section_number":"59.1-441.1","catch_line":"Definitions","order_by":null,"url":"\/59.1-441.1\/"}],"refers_to":[{"id":84052,"section_number":"59.1-438","catch_line":"Regulations","order_by":null,"url":"\/59.1-438\/"}],"permalink":{"id":261461,"object_type":"law","relational_id":65655,"identifier":"59.1-435","token":"59.1\/34\/59.1-435","url":"\/59.1-435\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-435\/","token":"59.1\/34\/59.1-435","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-435","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Board<\/span>” means the Virginia Board<\/span> of Agriculture and Consumer Services.\n\t\t“Commissioner<\/span>” means the Commissioner<\/span> of the Department of Agriculture and Consumer Services or his designee.\n\t\t“Consumer product<\/span>” means tangible personal property primarily used for personal, family, or household purposes.\n\t\t“Extended service contract<\/span>” or “contract” means a written contract or agreement for a specific duration in return for the payment of a segregated charge by the purchaser<\/span> to perform the repair or replacement of any consumer product<\/span>, including a motor vehicle, or indemnification for repair or replacement, for the operational or structural failure of any consumer product<\/span>, including a motor vehicle, due to a defect in materials<\/span>, workmanship, 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<\/span> protection. Extended service contracts<\/span> may provide for any one or more of the following:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The repair or replacement of any consumer product<\/span> for damage resulting from power surges or interruption or accidental damage from handling; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The repair or replacement of tires or wheels, or both, on a motor vehicle damaged as the result of coming into contact with a road hazard<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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<\/span>, sanding, bonding, or painting; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The repair of chips or cracks in, or the replacement of, a motor vehicle windshield as a result of damage caused by a road hazard<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The installation on or application to a motor vehicle of a protective chemical, substance, device, or system that (i) is designed to prevent loss or damage to the motor vehicle from a specific cause and (ii) includes, within or as an accompaniment to the extended service contract<\/span>, an agreement that provides for payment to or on behalf of the purchaser<\/span> of incidental costs in the event that the protective chemical, substance, device, or system fails to prevent loss or damage as specified, provided that the reimbursement of incidental costs under such agreement is tied to the purchase of a protective chemical, substance, device, or system that is formulated or designed to make the specified loss or damage less likely to occur; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Any other service that may be designated by the Board<\/span> as provided in subsection B of § 59.1-438<\/a>.\n\t\t\t“Extended service contract<\/span>” does not include a contract or agreement that provides (i) for the application of fuel additives, oil additives, or other chemical products to the engine, transmission, or fuel system of a motor vehicle or (ii) coverage for (a) the repair of damage to the interior surfaces of a motor vehicle or the replacement of the interior surfaces of a motor vehicle, or both, or (b) the repair of damage to the exterior paint finish of a motor vehicle or the replacement of the exterior paint finish of a motor vehicle, or both, unless the coverage is provided under a product warranty included in connection with the sale of a protective chemical, substance, device, or system described in subdivision 6.\n\t\t\t“Extended service contract<\/span> provider<\/span>” 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<\/span>. Such definition includes the obligor<\/span> of the contract sold, solicited, offered, advertised or executed by the original manufacturer, seller or obligor<\/span>.\n\t\t\t“Obligor<\/span>” means the person who is contractually obligated to the purchaser<\/span> to provide services under the extended service contract<\/span> and who is (i) the original manufacturer or seller of the merchandise covered by the extended service contract<\/span>, (ii) acting through or with the written consent of the original manufacturer, seller or purchaser<\/span> of the merchandise covered by the extended service contract<\/span>, 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<\/span>.\n\t\t\t“Purchaser<\/span>” means a person who enters into an extended service contract<\/span> with an extended service contract<\/span> provider<\/span>.\n\t\t\t“Road hazard<\/span>” means a hazard that is encountered while driving a motor vehicle, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, and composite scraps. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 59.1-435)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Board” means the Virginia Board of Agriculture and Consumer\nServices.\n\t\t“Commissioner” means the Commissioner of the Department of\nAgriculture and Consumer Services or his designee.\n\t\t“Consumer product” means tangible personal property primarily used\nfor personal, family, or household purposes.\n\t\t“Extended service contract” or “contract” means a\nwritten contract or agreement for a specific duration in return for the payment\nof a segregated charge by the purchaser to perform the repair or replacement of\nany consumer product, including a motor vehicle, or indemnification for repair\nor replacement, for the operational or structural failure of any consumer\nproduct, including a motor vehicle, due to a defect in materials, workmanship,\ninherent defect, or normal wear and tear, with or without additional provisions\nfor incidental payment of indemnity under limited circumstances, including, but\nnot limited to, towing, rental, and emergency road service and road hazard\nprotection. Extended service contracts may provide for any one or more of the\nfollowing:\n\n1. The repair or replacement of any consumer product for damage resulting from\npower surges or interruption or accidental damage from handling;\n\n2. The repair or replacement of tires or wheels, or both, on a motor vehicle\ndamaged as the result of coming into contact with a road hazard;\n\n3. The removal of dents, dings, or creases on a motor vehicle that can be\nrepaired using the process of paintless dent removal without affecting the\nexisting paint finish and without replacing vehicle body panels, sanding,\nbonding, or painting;\n\n4. The repair of chips or cracks in, or the replacement of, a motor vehicle\nwindshield as a result of damage caused by a road hazard;\n\n5. The replacement of a motor vehicle key or key fob in the event that the key\nor key fob becomes inoperable or is lost or stolen;\n\n6. The installation on or application to a motor vehicle of a protective\nchemical, substance, device, or system that (i) is designed to prevent loss or\ndamage to the motor vehicle from a specific cause and (ii) includes, within or\nas an accompaniment to the extended service contract, an agreement that provides\nfor payment to or on behalf of the purchaser of incidental costs in the event\nthat the protective chemical, substance, device, or system fails to prevent loss\nor damage as specified, provided that the reimbursement of incidental costs\nunder such agreement is tied to the purchase of a protective chemical,\nsubstance, device, or system that is formulated or designed to make the\nspecified loss or damage less likely to occur; or\n\n7. Any other service that may be designated by the Board as provided in\nsubsection B of § 59.1-438.\n\t\t\t“Extended service contract” does not include a contract or\nagreement that provides (i) for the application of fuel additives, oil\nadditives, or other chemical products to the engine, transmission, or fuel\nsystem of a motor vehicle or (ii) coverage for (a) the repair of damage to the\ninterior surfaces of a motor vehicle or the replacement of the interior surfaces\nof a motor vehicle, or both, or (b) the repair of damage to the exterior paint\nfinish of a motor vehicle or the replacement of the exterior paint finish of a\nmotor vehicle, or both, unless the coverage is provided under a product warranty\nincluded in connection with the sale of a protective chemical, substance,\ndevice, or system described in subdivision 6.\n\t\t\t“Extended service contract provider” or “provider”\nmeans any person or entity other than a public service corporation supervised by\nthe State Corporation Commission, who is the original manufacturer or seller and\nwho solicits, offers, advertises, or executes extended service contracts. Such\ndefinition includes the obligor of the contract sold, solicited, offered,\nadvertised or executed by the original manufacturer, seller or obligor.\n\t\t\t“Obligor” means the person who is contractually obligated to the\npurchaser to provide services under the extended service contract and who is (i)\nthe original manufacturer or seller of the merchandise covered by the extended\nservice contract, (ii) acting through or with the written consent of the\noriginal manufacturer, seller or purchaser of the merchandise covered by the\nextended service contract, or (iii) acting through or with the written consent\nof a manufacturer or seller of merchandise similar to the merchandise covered by\nthe extended service contract.\n\t\t\t“Purchaser” means a person who enters into an extended service\ncontract with an extended service contract provider.\n\t\t\t“Road hazard” means a hazard that is encountered while driving a\nmotor vehicle, including potholes, rocks, wood debris, metal parts, glass,\nplastic, curbs, and composite scraps.\n\nHISTORY: 1991, c. 654; 1996, c. 966; 2008, c. 524; 2014, c. 193.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}