Contract: A legal written agreement that becomes binding when signed.
Customer: means a person who purchases portable electronics. See Utah Code 31A-22-1802
Indemnity: means the payment of an amount to offset all or part of an insured loss. See Utah Code 31A-1-301
Insurance: includes :
(i)
a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
(ii)
a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
(iii)
a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
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
Location: means a physical location in the state or a website, call center site, or similar location directed to residents of the state. See Utah Code 31A-22-1802
Person: includes :
(a)
an individual;
(b)
a partnership;
(c)
a corporation;
(d)
an incorporated or unincorporated association;
(e)
a joint stock company;
(f)
a trust;
(g)
a limited liability company;
(h)
a reciprocal;
(i)
a syndicate; or
(j)
another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
an electronic device that is portable in nature; and
(b)
an accessory or service related to the use of the portable electronic device. See Utah Code 31A-22-1802
Portable electronics insurance: means insurance providing coverage for the repair or replacement of portable electronics that provides coverage for portable electronics against any one or more of the following:
producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Vendor: means a person in the business of engaging in portable electronics transactions directly or indirectly. See Utah Code 31A-22-1802
Warranty: means a promise made solely by the manufacturer, importer, seller, or lessor 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, 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. See Utah Code 31A-22-1802
(2)
“Enrolled customer” means a customer who elects coverage under a portable electronics insurancepolicy issued to a vendor of portable electronics.
(3)
“Location” means a physical location in the state or a website, call center site, or similar location directed to residents of the state.
(4)
“Portable electronics” means:
(a)
an electronic device that is portable in nature; and
(b)
an accessory or service related to the use of the portable electronic device.
(5)
(a)
“Portable electronics insurance” means insurance providing coverage for the repair or replacement of portable electronics that provides coverage for portable electronics against any one or more of the following:
(i)
loss;
(ii)
theft;
(iii)
inoperability due to mechanical failure;
(iv)
malfunction;
(v)
damage; or
(vi)
other similar cause of loss.
(b)
“Portable electronics insurance” does not include:
(i)
a manufacturer’s or vendor’s warranty;
(ii)
a service contract;
(iii)
a policy of insurance covering a vendor’s or manufacturer’s obligations under a warranty; or
(iv)
a homeowner’s, renter’s, private passenger motor vehicle, commercial multi-peril, or similar policy.
(6)
“Portable electronics transaction” means:
(a)
the sale or lease of portable electronics by a vendor to a customer; or
(b)
the sale by a vendor to a customer of an accessory or a service related to the use of portable electronics.
(7)
“Service contract” means a contract or agreement for the repair or maintenance of goods or property, for their operational or structural failure due to a defect in materials, workmanship, or normal wear and tear, with or without additional provisions for incidental payment of indemnity under limited circumstances.
(8)
“Supervising entity” mean a business entity that is:
(a)
a licensed insurer; or
(b)
an insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program.
(9)
“Vendor” means a person in the business of engaging in portable electronics transactions directly or indirectly.
(10)
“Warranty” means a promise made solely by the manufacturer, importer, seller, or lessor 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, 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.
