2020 -- H 7010 | |
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LC003098 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS | |
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Introduced By: Representative Robert B. Jacquard | |
Date Introduced: January 08, 2020 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 6-57-1 of the General Laws in Chapter 6-57 entitled "Consumer |
2 | Service Contracts [Effective January 1, 2020]" is hereby amended to read as follows: |
3 | 6-57-1. Definitions. [Effective January 1, 2020.] |
4 | For purposes of this section, the following terms shall have the following meanings: |
5 | (1) "Consumer product" means any tangible personal property that is distributed in |
6 | commerce and is normally used for personal, family, or household purposes, including a motor |
7 | vehicle, and any tangible personal property intended to be attached to or installed in any real |
8 | property without regard to whether it is so attached or installed. |
9 | (2) "Incidental costs" means expenses specified in a vehicle theft protection program |
10 | warranty that are incurred by the warranty holder due to the failure of a vehicle theft protection |
11 | program to perform as provided in the contract. Incidental costs may be reimbursed in either a |
12 | fixed amount specified in the vehicle theft protection program warranty or by use of a formula |
13 | itemizing specific incidental costs incurred by the warranty holder. |
14 | (3) "Maintenance agreement" means a contract of limited duration that provides for |
15 | scheduled maintenance only. |
16 | (4) "Road hazard" means a hazard that is encountered while driving a motor vehicle and |
17 | that may include, but not be limited to, potholes, rocks, wood debris, metal parts, glass, plastic, |
18 | curbs, or composite scraps. |
19 | (5) "Service contract" means a contract or agreement for a separately stated consideration |
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1 | for any duration to perform the repair, replacement, or maintenance of a consumer product or |
2 | indemnification for the same, for the operational or structural failure of a consumer product due |
3 | to a defect in materials, workmanship, accidental damage from handling, or normal wear and tear, |
4 | with or without additional provisions for incidental payment of indemnity under limited |
5 | circumstances, including, but not limited to, towing, rental, and emergency road service and road |
6 | hazard protection. Service contracts may provide for the repair, replacement, or maintenance of a |
7 | consumer product for damage resulting from power surges or interruption. "Service contract" also |
8 | includes a contract or agreement sold for a separately stated consideration for a specific duration |
9 | that provides for any of the following: |
10 | (i) The repair or replacement or indemnification for the repair or replacement of a motor |
11 | vehicle for the operational or structural failure of one or more parts or systems of the motor |
12 | vehicle brought about by the failure of an additive product to perform as represented; |
13 | (ii) The repair or replacement of tires and/or and wheels on a motor vehicle damaged as a |
14 | result of coming into contact with road hazards; |
15 | (iii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using |
16 | the process of paintless dent removal without affecting the existing paint finish and without |
17 | replacing vehicle body panels, sanding, bonding, or painting; |
18 | (iv) The repair of chips or cracks in or the replacement of motor vehicle windshields as a |
19 | result of damage caused by road hazards; |
20 | (v) The replacement of a motor vehicle key or key fob in the event that the key or key fob |
21 | becomes inoperable or is lost or stolen; or |
22 | (vi) Other services or products that may be approved by the director of the department of |
23 | business regulation. |
24 | (6) "Vehicle theft protection product" means a device or system that: |
25 | (i) Is installed on or applied to a motor vehicle; |
26 | (ii) Is designed to prevent loss or damage to a motor vehicle from theft; and |
27 | (iii) Includes a vehicle theft protection program warranty. "Vehicle theft protection |
28 | product" does not include fuel additives, oil additives, or other chemical products applied to the |
29 | engine, transmission, or fuel system, or interior or exterior surfaces of a motor vehicle. |
30 | (7) "Vehicle theft protection product warranty" means a written agreement by a warrantor |
31 | that provides if the vehicle theft protection product fails to prevent loss or damage to a motor |
32 | vehicle from theft, that the warrantor will pay to or on behalf of the warranty holder specified |
33 | incidental costs as a result of the failure of the vehicle theft protection product to perform |
34 | pursuant to the terms of the vehicle theft protection product warranty. |
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1 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS | |
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1 | This act would make a minor technical correction to what is included in a service contract |
2 | for the repair and replacement of tires. |
3 | This act would take effect upon passage. |
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