The definitions in this
section apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Administrator" means the person who is responsible for
the administration of the service contracts or the service
contracts plan.
(2) "Commissioner" means the insurance commissioner of this
state.
(3) "Consumer" means an individual who buys any tangible
personal property that is primarily for personal, family, or
household use.
(4) "Home heating fuel service contract" means a contract or
agreement for a separately stated consideration for a specific
duration to perform the repair, replacement, or maintenance of a
customer-owned home heating fuel supply system including the fuel
tank and all visible pipes, caps, lines, and associated parts or
the indemnification for repair, replacement, or maintenance for
operational or structural failure due to a defect in materials or
workmanship, or normal wear and tear.
(5) "Person" means an individual, partnership, corporation,
incorporated or unincorporated association, joint stock company,
reciprocal insurer, syndicate, or any similar entity or
combination of entities acting in concert.
(6) "Premium" means the consideration paid to an insurer for
a reimbursement insurance policy.
(7) "Provider fee" means the consideration paid by a
consumer for a home heating fuel service contract.
(8) "Reimbursement insurance policy" means a policy of
insurance that is issued to a service contract provider to
provide reimbursement to the service contract provider or to pay
on behalf of the service contract provider all contractual
obligations incurred by the service contract provider under the
terms of the insured service contracts issued or sold by the
service contract provider.
(9) "Home heating fuel service contract holder" or "contract
holder" means a person who is the purchaser or holder of a home
heating fuel service contract.
(10) "Home heating fuel service contract provider" or
"contract provider" means a person who is providing home heating
fuel delivery services to the customer and is contractually
obligated to the home heating fuel service contract holder under
the terms of the service contract.
(11) "Home heating fuel service contract seller" means the
person who sells the home heating fuel service contract to the
consumer.
(12) "Warranty" means a warranty made solely by the
manufacturer, importer, or seller of property or services without
consideration; that is not negotiated or separated from the sale
of the product and is incidental to the sale of the product; and
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.
[2006 c 36 § 2.]