§ 6-57-1. Definitions.
For purposes of this section, the following terms shall have the following meanings:
(1) "Consumer product� means any tangible personal property that is distributed in commerce
and is normally used for personal, family, or household purposes, including a motor
vehicle, and any tangible personal property intended to be attached to or installed
in any real property without regard to whether it is so attached or installed.
(2) "Incidental costs� means expenses specified in a vehicle theft protection program
warranty that are incurred by the warranty holder due to the failure of a vehicle
theft protection program to perform as provided in the contract. Incidental costs
may be reimbursed in either a fixed amount specified in the vehicle theft protection
program warranty or by use of a formula itemizing specific incidental costs incurred
by the warranty holder.
(3) "Maintenance agreement� means a contract of limited duration that provides for scheduled
maintenance only.
(4) "Road hazard� means a hazard that is encountered while driving a motor vehicle and
that may include, but not be limited to, potholes, rocks, wood debris, metal parts,
glass, plastic, curbs, or composite scraps.
(5) "Service contract� means a contract or agreement for a separately stated consideration
for any duration to perform the repair, replacement, or maintenance of a consumer
product or indemnification for the same, for the operational or structural failure
of a consumer product due to a defect in materials, workmanship, accidental damage
from handling, or normal wear and tear, with or without additional provisions for
incidental payment of indemnity under limited circumstances, including, but not limited
to, towing, rental, and emergency road service and road hazard protection. Service
contracts may provide for the repair, replacement, or maintenance of a consumer product
for damage resulting from power surges or interruption. "Service contract� also includes
a contract or agreement sold for a separately stated consideration for a specific
duration that provides for any of the following:
(i) The repair or replacement or indemnification for the repair or replacement of a motor
vehicle for the operational or structural failure of one or more parts or systems
of the motor vehicle brought about by the failure of an additive product to perform
as represented;
(ii) The repair or replacement of tires and/or wheels on a motor vehicle damaged as a result
of coming into contact with road hazards;
(iii) The removal of dents, dings, or creases on a motor vehicle that can be repaired using
the process of paintless dent removal without affecting the existing paint finish
and without replacing vehicle body panels, sanding, bonding, or painting;
(iv) The repair of chips or cracks in or the replacement of motor vehicle windshields as
a result of damage caused by road hazards;
(v) The replacement of a motor vehicle key or key fob in the event that the key or key
fob becomes inoperable or is lost or stolen; or
(vi) Other services or products that may be approved by the director of the department
of business regulation.
(6) "Vehicle theft protection product� means a device or system that:
(i) Is installed on or applied to a motor vehicle;
(ii) Is designed to prevent loss or damage to a motor vehicle from theft; and
(iii) Includes a vehicle theft protection program warranty. "Vehicle theft protection product�
does not include fuel additives, oil additives, or other chemical products applied
to the engine, transmission, or fuel system, or interior or exterior surfaces of a
motor vehicle.
(7) "Vehicle theft protection product warranty� means a written agreement by a warrantor
that provides if the vehicle theft protection product fails to prevent loss or damage
to a motor vehicle from theft, that the warrantor will pay to or on behalf of the
warranty holder specified incidental costs as a result of the failure of the vehicle
theft protection product to perform pursuant to the terms of the vehicle theft protection
product warranty.