385.200. Definitions.
Definitions.
385.200. As used in sections 385.200 to 385.220, the following termsmean:
(1) "Administrator", the person other than a provider who isresponsible for the administration of the service contracts or the servicecontracts plan or for any filings required by sections 385.200 to 385.220;
(2) "Consumer", a natural person who buys other than for purposes ofresale any tangible personal property that is distributed in commerce andthat is normally used for personal, family, or household purposes and notfor business or research purposes;
(3) "Dealers", any motor vehicle dealer or boat dealer licensed orrequired to be licensed under the provisions of sections 301.550 to301.573, RSMo;
(4) "Director", the director of the department of insurance,financial institutions and professional registration;
(5) "Maintenance agreement", a contract of limited duration thatprovides for scheduled maintenance only;
(6) "Manufacturer", any of the following:
(a) A person who manufactures or produces the property and sells theproperty under the person's own name or label;
(b) A subsidiary of the person who manufacturers or produces theproperty;
(c) A person who owns one hundred percent of the entity thatmanufactures or produces the property;
(d) A person that does not manufacture or produce the property, butthe property is sold under its trade name label;
(e) A person who manufactures or produces the property and theproperty is sold under the trade name or label of another person;
(f) A person who does not manufacture or produce the property but,under a written contract, licenses the use of its trade name or label toanother person who sells the property under the licensor's trade name orlabel;
(7) "Mechanical breakdown insurance", a policy, contract, oragreement issued by an authorized insurer who provides for the repair,replacement, or maintenance of a motor vehicle or indemnification forrepair, replacement, or service, for the operational or structural failureof a motor vehicle due to a defect in materials or workmanship or to normalwear and tear;
(8) "Motor vehicle extended service contract" or "service contract",a contract or agreement for a separately stated consideration and for aspecific duration to perform the repair, replacement, or maintenance of amotor vehicle or indemnification for repair, replacement, or maintenance,for the operational or structural failure due to a defect in materials,workmanship, or normal wear and tear, with or without additional provisionfor incidental payment of indemnity under limited circumstances, includingbut not limited to towing, rental, and emergency road service, but does notinclude mechanical breakdown insurance or maintenance agreements;
(9) "Nonoriginal manufacturer's parts", replacement parts not madefor or by the original manufacturer of the property, commonly referred toas after-market parts;
(10) "Person", an individual, partnership, corporation, incorporatedor unincorporated association, joint stock company, reciprocal, syndicate,or any similar entity or combination of entities acting in concert;
(11) "Premium", the consideration paid to an insurer for areimbursement insurance policy;
(12) "Provider", a person who is contractually obligated to theservice contract holder under the terms of a motor vehicle extended servicecontract;
(13) "Provider fee", the consideration paid for a motor vehicleextended service contract by a service contract holder;
(14) "Reimbursement insurance policy", a policy of insurance issuedto a provider and under which the insurer agrees, for the benefit of themotor vehicle extended service contract holders, to discharge all of theobligations and liabilities of the provider under the terms of the motorvehicle extended service contracts in the event of nonperformance by theprovider. All obligations and liabilities include, but are not limited to,failure of the provider to perform under the motor vehicle extended servicecontract and the return of the unearned provider fee in the event of theprovider's unwillingness or inability to reimburse the unearned providerfee in the event of termination of a motor vehicle extended servicecontract;
(15) "Service contract holder" or "contract holder", a person who isthe purchaser or holder of a motor vehicle extended service contract;
(16) "Warranty", a warranty made solely by the manufacturer,importer, or seller of property or services without charge, that is notnegotiated or separated from the sale of the product and is incidental tothe sale of the product, that guarantees indemnity for defective parts,mechanical or electrical breakdown, labor, or other remedial measures, suchas repair or replacement of the property or repetition of services.
(L. 2007 H.B. 221)Effective 1-01-08