Terms Used In Virginia Code > Title 59.1 > Chapter 34 - Extended Service Contract Act

• Advertisement: includes any part of an advertisement recognizable as such. See Virginia Code 33.2-1200
• Advertising structure: means any rigid or semirigid material, with or without any advertisement displayed thereon, situated upon or attached to real property outdoors, primarily or principally for the purpose of furnishing a background or base or support upon which an advertisement may be posted or displayed. See Virginia Code 33.2-1200
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Billboard sign: means any sign, advertisement, or advertising structure as defined in this section owned by a person, firm, or corporation in the business of outdoor advertising. See Virginia Code 33.2-1200
• Board: means the Virginia Board of Agriculture and Consumer Services. See Virginia Code 59.1-435
• Board: means the Commonwealth Transportation Board. See Virginia Code 33.2-100
• City: has the meaning assigned to it in § 1-208. See Virginia Code 33.2-100
• Commissioner: means the Commissioner of the Department of Agriculture and Consumer Services or his designee. See Virginia Code 59.1-435
• Commissioner of Highways: means the individual who serves as the chief executive officer of the Department of Transportation. See Virginia Code 33.2-100
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer product: means tangible personal property primarily used for personal, family, or household purposes. See Virginia Code 59.1-435
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• contract: means a written contract or agreement for a specific duration in return for the payment of a segregated charge by the purchaser to perform the repair or replacement of any consumer product, including a motor vehicle, or indemnification for repair or replacement, for the operational or structural failure of any consumer product, including a motor vehicle, due to a defect in materials, workmanship, inherent defect, 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. See Virginia Code 59.1-435
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the Department of Transportation. See Virginia Code 33.2-100
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal-aid primary highway: means any highway within that portion of the primary state highway system as established and maintained under Article 2 (§ Virginia Code 33.2-1200
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Highway: means every way or place of whatever nature open to the use of the public for purposes of vehicular travel in the Commonwealth. See Virginia Code 33.2-1200
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Interstate System: means the same as that term is defined in Virginia Code 33.2-100
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lawfully erected: means any sign that was erected pursuant to the issuance of a permit from the Commissioner of Highways under § Virginia Code 33.2-1200
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Locality: has the meaning assigned to it in § 1-221. See Virginia Code 33.2-100
• Main traveled way: means the traveled way of a highway on which through traffic is carried. See Virginia Code 33.2-1200
• Maintain: means to allow to exist. See Virginia Code 33.2-1200
• Maintenance: means (i) ordinary maintenance; (ii) maintenance replacement; (iii) operations that include traffic signal synchronization, incident management, and other intelligent transportation system functions; and (iv) any other categories of maintenance that may be designated by the Commissioner of Highways. See Virginia Code 33.2-100
• Municipality: has the meaning assigned to it in § 1-224. See Virginia Code 33.2-100
• National Highway System: means the federal-aid highway system referenced in Virginia Code 33.2-1200
• Obligor: means the person who is contractually obligated to the purchaser to provide services under the extended service contract and who is (i) the original manufacturer or seller of the merchandise covered by the extended service contract, (ii) acting through or with the written consent of the original manufacturer, seller or purchaser of the merchandise covered by the extended service contract, or (iii) acting through or with the written consent of a manufacturer or seller of merchandise similar to the merchandise covered by the extended service contract. See Virginia Code 59.1-435
• Person: includes an individual, partnership, association, or corporation. See Virginia Code 33.2-1200
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Personal property: All property that is not real property.
• Post: means post, display, print, paint, burn, nail, paste, or otherwise attach. See Virginia Code 33.2-1200
• Primary highway: means any highway in or component of the primary state highway system. See Virginia Code 33.2-100
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• provider: means any person or entity other than a public service corporation supervised by the State Corporation Commission, who is the original manufacturer or seller and who solicits, offers, advertises, or executes extended service contracts. See Virginia Code 59.1-435
• Purchaser: means a person who enters into an extended service contract with an extended service contract provider. See Virginia Code 59.1-435
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: includes any property physically attached or annexed to real property in any manner whatsoever. See Virginia Code 33.2-1200
• Road hazard: means a hazard that is encountered while driving a motor vehicle, including potholes, rocks, wood debris, metal parts, glass, plastic, curbs, and composite scraps. See Virginia Code 59.1-435
• scenic highway: means those highways designated by the Board pursuant to § Virginia Code 33.2-1200
• Sign: means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any highway. See Virginia Code 33.2-1200
• State: includes District of Columbia;

  (f) "Transit facilities" means all real and personal property located in the Zone, necessary or useful in rendering transit service between points within the Zone, by means of rail, bus, water or air and any other mode of travel, including, without limitation, tracks, rights-of-way, bridges, tunnels, subways, rolling stock for rail, motor vehicle, marine and air transportation, stations, terminals and ports, areas for parking and all equipment, fixtures, buildings and structures and services incidental to or required in connection with the performance of transit service;

  (g) "Transit services" means the transportation of persons and their packages and baggage by means of transit facilities between points within the Zone including the transportation of newspapers, express and mail between such points, and charter service which originates within the Zone but does not include taxicab service or individual-ticket-sales sightseeing operations;

  (h) "Transit Zone" or "Zone" means the Washington Metropolitan Area Transit Zone created and described in Section 3 as well as any additional area that may be added pursuant to Section 83(a) of this Compact; and

  (i) "WMATC" means Washington Metropolitan Area Transit Commission. See Virginia Code 33.2-3100

• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• Subpoena: A command to a witness to appear and give testimony.
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Trade name: includes a brand name, trademark, distinctive symbol, or other similar device or thing used to identify particular products or services. See Virginia Code 33.2-1200
• Traveled way: means the portion of a roadway for the movement of vehicles, exclusive of shoulders. See Virginia Code 33.2-1200
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Urban area: means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area within the Commonwealth, or an urban place. See Virginia Code 33.2-1200
• Visible: means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. See Virginia Code 33.2-1200