(1) Service contracts marketed,
sold, offered for sale, issued, made, proposed to be made, or
administered in this state or sold to residents of this state
shall be written, printed, or typed in clear, understandable
language that is easy to read, and disclose the requirements set
forth in this section, as applicable.
(2) Service contracts insured under a reimbursement
insurance policy under RCW 48.110.050(2)(a) and 48.110.060 shall
not be issued, sold, or offered for sale in this state or sold to
residents of this state unless the service contract conspicuously
contains a statement in substantially the following form:
"Obligations of the service contract provider under this service
contract are insured under a service contract reimbursement
insurance policy." The service contract shall also conspicuously
state the name and address of the issuer of the reimbursement
insurance policy and state that the service contract holder is
entitled to apply directly to the reimbursement insurance
company.
(3) Service contracts not insured under a reimbursement
insurance policy under RCW 48.110.050(2)(a) and 48.110.060 shall
contain a statement in substantially the following form:
"Obligations of the service contract provider under this contract
are backed by the full faith and credit of the service contract
provider."
(4) Service contracts shall state the name and address of
the service contract provider and shall identify any
administrator if different from the service contract provider,
the service contract seller, and the service contract holder to
the extent that the name of the service contract holder has been
furnished by the service contract holder. The identities of such
parties are not required to be preprinted on the service contract
and may be added to the service contract at the time of sale.
(5) Service contracts shall state the purchase price of the
service contract and the terms under which the service contract
is sold. The purchase price is not required to be preprinted on
the service contract and may be negotiated at the time of sale.
(6) Service contracts shall state the procedure to obtain
service or to file a claim, including but not limited to the
procedures for obtaining prior approval for repair work, the
toll-free telephone number if prior approval is necessary for
service, and the procedure for obtaining emergency repairs
performed outside of normal business hours or provide for
twenty-four-hour telephone assistance.
(7) Service contracts shall state the existence of any
deductible amount, if applicable.
(8) Service contracts shall specify the merchandise, parts,
and services to be provided and any limitations, exceptions, or
exclusions.
(9) Service contracts shall state any restrictions governing
the transferability of the service contract, if applicable.
(10) Service contracts shall state the terms, restrictions,
or conditions governing cancellation of the service contract
prior to the termination or expiration date of the service
contract by either the service contract provider or by the
service contract holder, which rights can be no more restrictive
than provided in RCW 48.110.050(3). The service contract
provider of the service contract shall mail a written notice to
the service contract holder at the last known address of the
service contract holder contained in the records of the service
contract provider at least twenty-one days prior to cancellation
by the service contract provider. The notice shall state the
effective date of the cancellation and the true and actual reason
for the cancellation.
(11) Service contracts shall set forth the obligations and
duties of the service contract holder, including but not limited
to the duty to protect against any further damage and any
requirement to follow owner's manual instructions.
(12) Service contracts shall state whether or not the
service contract provides for or excludes consequential damages
or preexisting conditions.
(13) Service contracts shall state any exclusions of
coverage.
(14) Service contracts shall not contain a provision which
requires that any civil action brought in connection with the
service contract must be brought in the courts of a jurisdiction
other than this state. Service contracts that authorize binding
arbitration to resolve claims or disputes must allow for
arbitration proceedings to be held at a location in closest
proximity to the service contract holder's permanent residence.
This section does not apply to service contracts on motor
vehicles or to protection product guarantees.
[2006 c 274 § 8; 1999 c 112 § 8.]