§ 51:3142 — Definitions

Louisiana § 51:3142

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§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.

Legislative History

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