                                 CODE OF VIRGINIA

DEFINITIONS (§ 59.1-435)

As used in this chapter, unless the context requires a different meaning:
		&#8220;Board&#8221; means the Virginia Board of Agriculture and Consumer
Services.
		&#8220;Commissioner&#8221; means the Commissioner of the Department of
Agriculture and Consumer Services or his designee.
		&#8220;Consumer product&#8221; means tangible personal property primarily used
for personal, family, or household purposes.
		&#8220;Extended service contract&#8221; or &#8220;contract&#8221; 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:

1. The repair or replacement of any consumer product for damage resulting from
power surges or interruption or accidental damage from handling;

2. 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;

3. 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;

4. 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;

5. 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;

6. 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

7. Any other service that may be designated by the Board as provided in
subsection B of &#xA7; 59.1-438.
			&#8220;Extended service contract&#8221; 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.
			&#8220;Extended service contract provider&#8221; or &#8220;provider&#8221;
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.
			&#8220;Obligor&#8221; 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.
			&#8220;Purchaser&#8221; means a person who enters into an extended service
contract with an extended service contract provider.
			&#8220;Road hazard&#8221; means a hazard that is encountered while driving a
motor vehicle, including potholes, rocks, wood debris, metal parts, glass,
plastic, curbs, and composite scraps.

HISTORY: 1991, c. 654; 1996, c. 966; 2008, c. 524; 2014, c. 193.