§481X-2  Definitions.  As used in this
chapter:



"Administrator" means a person
appointed or designated by a provider who administers service contracts and
service contract plans on behalf of the provider and subject to the
requirements of this chapter.



"Commissioner" means the insurance
commissioner.



"Consumer" means a natural person who
buys, other than for purposes of resale, any tangible personal property that is
distributed in commerce and that is normally used for personal, family, or
household purposes, and not for business or research purposes.



"Contract holder" means a person who
is the purchaser or holder of a service contract.



"Contractual liability insurance
policy" means a policy of insurance that is issued to a provider, insures
the provider's service contracts, and may provide:



(1)  Reimbursement to the provider for sums that the
provider is legally obligated to pay under the insured service contract; or



(2)  The service that the provider is legally
obligated to perform under the insured service contract.



"Maintenance agreement" means a
contract of limited duration that provides scheduled maintenance only.



"Nonoriginal manufacturer's parts"
means replacement parts not made for or by the original manufacturer of the
property, commonly referred to as "after market parts".



"Person" means an individual,
partnership, limited liability company, corporation, incorporated or
unincorporated association, joint stock company, reciprocal, syndicate, or any
similar entity or combination of entities acting in concert.



"Premium" means the consideration
paid to an insurer for a contractual liability insurance policy.



"Provider" means a person who is
contractually obligated to the service contract holder under the terms of the
service contract.



"Provider fee" means the
consideration paid for a service contract.



"Service contract" means a contract
or agreement for a separately stated consideration and a specific duration, to
perform or indemnify the repair, replacement, or maintenance of property for
operational or structural failure due either to a defect in materials or
artisanship, or to normal wear and tear, with or without additional provision
for incidental payment or indemnity under limited circumstances, including but
not limited to towing, rental, and emergency road service.  Service contracts
may provide for the repair, replacement, or maintenance of property damaged by
power surges, or accidentally damaged during handling.



"Warranty" means a warranty made
without consideration, solely by the manufacturer, importer, or seller of
property or services, that is not negotiated or separated from the sale of the
product and is incidental to the sale of the product, that provides repair or
replacement for defective parts, mechanical or electrical breakdown, labor, or
other remedial measures. [L 2000, c 221, pt of §2; am L 2006, c 154, §44]