Terms Used In Florida Statutes 634.4145

  • association: means any person, other than an authorized insurer, issuing service warranties. See Florida Statutes 634.401
  • Contract: A legal written agreement that becomes binding when signed.
  • Service warranty: means any warranty, guaranty, extended warranty or extended guaranty, maintenance service contract equal to or greater than 1 year in length or which does not meet the exemption in paragraph (a), 1contract agreement, or other written promise for a specific duration to perform the repair, replacement, or maintenance of a consumer product, or for indemnification for repair, replacement, or maintenance, for operational or structural failure due to a defect in materials or workmanship, normal wear and tear, power surge, or accidental damage from handling in return for the payment of a segregated charge by the consumer; however:
    (a) Maintenance service contracts written for less than 1 year which do not contain provisions for indemnification and which do not provide a discount to the consumer for any combination of parts and labor in excess of 20 percent during the effective period of such contract, motor vehicle service agreements, transactions exempt under…. See Florida Statutes 634.401
The office may order a service warranty association to stop using any contract form that:

(1) Violates this part;
(2) Is misleading in any respect;
(3) Is reproduced so that any material provision is substantially illegible; or
(4) Contains provisions which are unfair or inequitable or which encourage misrepresentation.