Sec. 1304.004. EXEMPTIONS. (a) In this section: (1) "Maintenance agreement" means an agreement that provides only for scheduled maintenance for a limited period. (2) "Warranty" means an undertaking made solely by the manufacturer or importer of a product or the seller of a product or service that: (A) guarantees indemnity for a defective part, mechanical or electrical breakdown, or labor cost or guarantees another remedial measure, including the repair or replacement of the product or the repetition of service; (B) is made without payment of additional consideration; (C) is not negotiated or separated from the sale of the product or service; and (D) is incidental to the sale of the product or service. (b) This chapter does not apply to: (1) a warranty; (2) a maintenance agreement; (3) a service contract sold or offered for sale to a person who is not a consumer; (4) an agreement issued by an automobile service club that holds a certificate of authority under Chapter 722 , Transportation Code; (5) a service contract sold by a motor vehicle dealer on a motor vehicle sold by that dealer, if the dealer: (A) is the provider; (B) is licensed as a motor vehicle dealer under Chapter 2301 ; and (C) covers its obligations under the service contract with a reimbursement insurance policy; or (6) a contract offered by a local exchange telephone company that provides for the repair of inside telephone wiring, if: (A) the contract term does not exceed one month; and (B) the consumer can terminate the contract before a new contract term begins without liability except for payment of charges for the term that has begun.
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