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§ 14-409. Exclusive remedy provided by section

West's Annotated Code of MarylandCommercial LawEffective: October 1, 2015

West's Annotated Code of Maryland
Commercial Law
Title 14. Miscellaneous Consumer Protection Provisions
Subtitle 4. Maryland Service Contracts and Consumer Products Guaranty Act (Refs & Annos)
Effective: October 1, 2015
MD Code, Commercial Law, § 14-409
§ 14-409. Exclusive remedy provided by section
Currentness
(a) Except for Title 13 of this article and § 15-311.2 of the Transportation Article with respect to mechanical repair contracts, this subtitle provides the exclusive remedy by which a person guaranteed may recover damages for a breach of a service contract or may enforce a service contract.
(b)(1) Providers, administrators, and other persons marketing, selling, or offering to enter into service contracts that comply with the terms of this subtitle need not comply with any provision of the Insurance Article, except with respect to mechanical repair contracts as expressly provided in § 15-311.2 of the Transportation Article.
(2) Guarantors, administrators, and other persons marketing, selling, or offering to issue guarantees that comply with the terms of this subtitle need not comply with any provision of the Insurance Article.
(c)(1) In this subsection, “licensee” means a person who:
(i) Is licensed as a master plumber and meets the qualifications to engage in the business of providing plumbing services under Title 12 of the Business Occupations and Professions Article;
(ii) Provides heating, ventilation, air-conditioning, or refrigeration services in accordance with a master license or a master restricted license issued under Title 9A of the Business Regulation Article; or
(iii) Is a licensed contractor under Title 8 of the Business Regulation Article.
(2) A licensee is not subject to:
(i) This subtitle if the services provided or to be provided under the service contract are within the scope of the licensee's license; or
(ii) Any provision of the Insurance Article applicable to service contracts.

Credits

Added by Acts 2002, c. 472, § 1, eff. Oct. 1, 2002. Amended by Acts 2015, c. 444, § 1, eff. Oct. 1, 2015.
MD Code, Commercial Law, § 14-409, MD COML § 14-409
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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