(a) In this section:
(1) “Maintenance agreement” means an agreement that provides only for scheduled maintenance for a limited period.
(2) “Warranty” means an undertaking made solely by the manufacturer or importer of a product or the seller of a product or service that:
(A) guarantees indemnity for a defective part, mechanical or electrical breakdown, or labor cost or guarantees another remedial measure, including the repair or replacement of the product or the repetition of service;
(B) is made without payment of additional consideration;
(C) is not negotiated or separated from the sale of the product or service; and
(D) is incidental to the sale of the product or service.
(b) This chapter does not apply to:
(1) a warranty;
(2) a maintenance agreement;
(3) a service contract sold or offered for sale to a person who is not a consumer;
(4) an agreement issued by an automobile service club that holds a certificate of authority under Chapter 722, Transportation Code;
(5) a service contract sold by a motor vehicle dealer on a motor vehicle sold by that dealer, if the dealer:
(A) is the provider;
(B) is licensed as a motor vehicle dealer under Chapter 2301; and
(C) covers its obligations under the service contract with a reimbursement insurance policy; or
(6) a contract offered by a local exchange telephone company that provides for the repair of inside telephone wiring, if:
(A) the contract term does not exceed one month; and
(B) the consumer can terminate the contract before a new contract term begins without liability except for payment of charges for the term that has begun.

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Terms Used In Texas Occupations Code 1304.004

  • Contract: A legal written agreement that becomes binding when signed.
  • Month: means a calendar month. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005