North Dakota Code 26.1-26.7-01 – Definitions
For purposes of this chapter:
Terms Used In North Dakota Code 26.1-26.7-01
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- 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
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes a limited liability partnership registered under chapter 45-22. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
2. “Customer” means a person that purchases a portable electronic device or services related to the use of a portable electronic device.
3. “Enrolled customer” means a customer that elects coverage under a portable electronics insurance policy issued to a vendor of portable electronic devices.
4. “Location” means any physical location in this state or any website, call center site, or similar location directed to residents of this state.
5. “Person” means an individual or a business entity.
6. “Portable electronic device”:
a. Means personal, self-contained, easily carried by hand, battery-operated electronic communication, viewing, listening, recording, gaming, computing, or global positioning devices, including cellular or satellite phones, personal global positioning satellite units, portable computers, portable audio listening, video viewing or recording devices, digital cameras, video camcorders, portable gaming systems, docking stations, and accessories for any of these devices with a retail value of less than five thousand dollars.
b. Does not include telecommunications switching equipment, transmission wires, cell site transceiver equipment, or other equipment and systems used by telecommunications companies to provide telecommunications service to consumers.
7. “Portable electronics insurance” means insurance providing coverage for the repair or replacement of portable electronic devices due to one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar cause of loss. The term includes any agreement whereby a person, in exchange for consideration paid, agrees to provide for the future repair or replacement of a portable electronic device. The term does not include:
a. A property service contract as defined under section 9-01-21; b. A policy of insurance covering a seller’s or a manufacturer’s obligations under a warranty; or
c. A homeowner’s, renter’s, private passenger automobile, commercial multi-peril, or similar policy.
8. “Portable electronics transaction” means the sale or lease of portable electronic devices by a vendor to a customer or the sale of a service related to the use of a portable electronic device by a vendor to a customer.
9. “Vendor” means a person in the business of engaging in portable electronics transactions, directly or indirectly.