A. A service contract shall:
(1) be written in language that is understandable and printed in a typeface that is easy to read;
(2) include the amount, if applicable, of any deductible that the holder is required to pay;
(3) include the name, address and telephone number of the provider and, if applicable:
(a) the name, address and telephone number of the administrator;
(b) the name of the holder, if provided by the holder; and
(c) the name, address and telephone number of the seller; however, the names and addresses of the foregoing persons are not required to be preprinted on the service contract and may be added to the service contract at the time of the sale;
(4) include the purchase price of the service contract; however, the purchase price of the service contract is not required to be preprinted on the service contract and may be added to the service contract at the time of the sale;
(5) include a description of the property covered by the service contract;
(6) specify the duties of the provider and any limitations, exceptions or exclusions;
(7) if the service contract covers a motor vehicle, indicate whether replacement parts that are not made for or by the original manufacturer of the motor vehicle may be used to comply with the terms of the service contract;
(8) include, if applicable, any restrictions on transferring or renewing the service contract;
(9) include the terms, restrictions or conditions for canceling the service contract before it expires and the procedure for canceling the service contract. The conditions for canceling the service contract shall include the provisions of Section 59A-58-12 NMSA 1978;
(10) include the duties of the holder under the contract, including the duty to protect against damage to the property covered by the service contract or to comply with any instructions included in the owner's manual for the property;
(11) indicate whether the service contract authorizes the holder to recover consequential damages; and
(12) indicate whether any defect in the property covered by the service contract existing on the date the contract is purchased is not covered under the service contract.
B. A provider shall not allow, make or cause to be made a false or misleading statement in any of the provider's service contracts or intentionally omit a material statement that causes a service contract to be misleading. The superintendent may require the provider to amend any service contract that the superintendent determines is false or misleading.
History: Laws 2001, ch. 206, § 10; 2017, ch. 125, § 6.
ANNOTATIONSThe 2017 amendment, effective June 16, 2017, expanded the required information that must be included in a service contract, and clarified that the purchase price, although required to be included in the service contract, is not required to be preprinted, but may be added at the time of the sale; in Subsection A, in Subparagraph A(3)(a), after the semicolon, deleted "and", in Subparagraph A(3)(b), after the semicolon, deleted "however, the names and addresses of the foregoing persons are not required to be preprinted on the service contract and may be added to the service contract at the time of the sale" and added "and", added Subparagraph A(3)(c), in Paragraph A(4), after the semicolon, added the remainder of the paragraph, and in Paragraph A(9), changed "13 of the Service Contract Regulation Act" to "59A-58-12 NMSA 1978".