§3142. Definitions

As used in this Chapter, unless the context otherwise requires, the following words and phrases shall be defined as follows:

(1) "Administrator" means the person who is responsible for the administration of the home service contract or the home service contract plan or who is responsible for any submission required by this Chapter.

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

(3) "Home service contract" means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or indemnification for service, repair, replacement, or maintenance, for the operational or structural failure of any residential property due to a defect in materials, workmanship, inherent defect, or normal wear and tear, with or without additional provisions for incidental payment or indemnity under limited circumstances. A home service contract may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges or interruption and accidental damage from handling and may provide for leak or repair coverage to house roofing systems. A home service contract is not insurance in this state or otherwise regulated under any provision of the Louisiana Insurance Code.

(4) "Maintenance-only agreement" means a contract of limited duration that provides only for scheduled maintenance and does not include repair or replacement.

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

(6) "Provider" means a person who is contractually obligated to provide the services or indemnification under a home service contract.

(7) "Provider fee" means the consideration paid for a home service contract.

(8) "Service contract holder" or "contract holder" means a person who is the purchaser or holder of a home service contract.

(9) "Warranty" means a warranty made solely by the manufacturer, importer, or seller of property or services, including builders on new home construction, without consideration, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, 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.

Acts 2015, No. 161, §1, eff. Jan. 11, 2016.