AN
ACT Relating to service contracts; and amending RCW 48.110.015 and 48.110.020.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
48.110.015 and 1999 c 112 s 2 are each amended to read as follows:
(1)
The following are exempt from this title:
(a)
Warranties;
(b)
Maintenance agreements; and
(c)
Service contracts:
(i)
Paid for with separate and additional consideration;
(ii)
Issued at the point of sale, or within sixty days of the original purchase date
of the property; and
(iii)
On tangible property when the tangible property for which the service contract
is sold has a purchase price of fifty dollars or less, exclusive of sales tax.
(2)
This chapter does not apply to:
(a)
Vehicle service contracts which are governed under chapter 48.96 RCW; ((and))
(b)
Vehicle mechanical breakdown insurance; and
(c)
Service contracts on tangible personal property purchased by persons who are
not consumers.
Sec.
2. RCW
48.110.020 and 1999 c 112 s 3 are each amended to read as follows:
The
definitions in this section apply throughout this chapter.
(1)
"Administrator" means the person who is responsible for the
administration of the service contracts or the service contracts plan.
(2)
"Commissioner" means the insurance commissioner of this state.
(3)
"Consumer" means ((a person)) an individual who buys
any tangible personal property that is ((distributed in commerce)) primarily
for personal, family, or household use.
(4)
"Maintenance agreement" means a contract of limited duration that
provides for scheduled maintenance only.
(5)
"Person" means an individual, partnership, corporation, incorporated
or unincorporated association, joint stock company, reciprocal insurer,
syndicate, or any similar entity or combination of entities acting in concert.
(6)
"Premium" means the consideration paid to an insurer for a
reimbursement insurance policy.
(7)
"Provider fee" means the consideration paid by a consumer for a
service contract.
(8)
"Reimbursement insurance policy" means a policy of insurance that is
issued to a service contract provider to provide reimbursement to the service
contract provider or to pay on behalf of the service contract provider all
contractual obligations incurred by the service contract provider under the
terms of the insured service contracts issued or sold by the service contract
provider.
(9)
"Service contract" means a contract or agreement for a separately
stated consideration for a specific duration to perform the repair,
replacement, or maintenance of property or the indemnification for repair,
replacement, or maintenance for operational or structural failure due to a
defect in materials or workmanship, or normal wear and tear. Service contracts
may provide for the repair, replacement, or maintenance of property for damage
resulting from power surges and accidental damage from handling, with or
without additional provision for indemnity payments for incidental damages to
other property directly caused by the failure of the property which is the
subject of the service contract, provided the indemnity payment per incident
does not exceed the purchase price of the property that is the subject of the
service contract.
(10)
"Service contract holder" or "contract holder" means a
person who is the purchaser or holder of a service contract.
(11)
"Service contract provider" means a person who is contractually
obligated to the service contract holder under the terms of the service
contract.
(12)
"Service contract seller" means the person who sells the service
contract to the consumer.
(13) "Warranty" means a warranty made solely by the
manufacturer, importer, or seller of property or services without
consideration; that is not negotiated or separated from the sale of the product
and is incidental to the sale of the product; and that guarantees indemnity for
defective parts, mechanical or electrical breakdown, labor, or other remedial
measures, such as repair or replacement of the property or repetition of
services.
