As used in this chapter, unless the context requires a different meaning:

Terms Used In Virginia Code 59.1-434.1

  • Board: means the Board of Agriculture and Consumer Services. See Virginia Code 59.1-434.1
  • Commissioner: means the Commissioner of Agriculture and Consumer Services or his designee. See Virginia Code 59.1-434.1
  • Contract: A legal written agreement that becomes binding when signed.
  • Home service contract: means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or to indemnify for the costs of service, repair, replacement, or maintenance, for the operational failure of any property 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. See Virginia Code 59.1-434.1
  • 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.
  • Property: means any component, part, appliance, or household system of a residential property that is covered by a contract, whether such component, part, appliance, or household system is personal property or is affixed as real property to the covered residential property. See Virginia Code 59.1-434.1
  • Provider: means a person that is contractually obligated to the purchaser under the terms of the home service contract. See Virginia Code 59.1-434.1
  • Purchaser: means a person who enters into a home service contract with a provider. See Virginia Code 59.1-434.1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

“Board” means the Board of Agriculture and Consumer Services.

“Commissioner” means the Commissioner of Agriculture and Consumer Services or his designee.

“Home service contract” means a contract or agreement for a separately stated consideration for any duration to perform the service, repair, replacement, or maintenance of property or to indemnify for the costs of service, repair, replacement, or maintenance, for the operational failure of any property 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. Home service contracts may provide for the service, repair, replacement, or maintenance of property for damage resulting from power surges or interruption and for accidental damage from handling. Home service contracts may provide roof leak coverage.

“Property” means any component, part, appliance, or household system of a residential property that is covered by a contract, whether such component, part, appliance, or household system is personal property or is affixed as real property to the covered residential property.

“Provider” means a person that is contractually obligated to the purchaser under the terms of the home service contract.

“Purchaser” means a person who enters into a home service contract with a provider.

2017, c. 727.