Tex.
Occ. Code Section 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 (Automobile Club Services), 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 (Sale or Lease of Motor Vehicles); 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.
Source:
Section 1304.004 — Exemptions, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.1304.htm#1304.004 (accessed Jun. 5, 2024).
