2005 Arizona Revised Statutes - Revised Statutes §20-1095.02  Exemptions; definition

A. The provisions of this article, except for section 20-1095.09, do not apply to the following:

1. Warranties issued by manufacturers or sellers.

2. Service contract programs if a motor vehicle manufacturer has financial responsibility for performance.

3. Warranties and service contracts issued by a corporation other than a manufacturer or seller in connection with consumer products that are distributed by the corporation if the issuing corporation:

(a) Is an affiliate of a consumer products manufacturer.

(b) By March 1 of each year submits to the director an independently audited financial statement in which at least one officer of the issuing corporation attests and a certified public accountant certifies that the issuing corporation has and maintains a net worth in excess of one hundred million dollars. Any information, documents and copies that are obtained by or disclosed to the director or any other person pursuant to this subdivision are not available for public inspection, except that the director may use this information in any proceeding relating to this article.

4. A service company which issues a service contract to persons other than a consumer.

5. A service company which is in the business of selling or servicing any one of the following:

(a) Appliances or electronic equipment, or both.

(b) Residential heating, cooling or air conditioning systems.

(c) Mechanical equipment, other than motor vehicles or their components.

6. Any person licensed pursuant to title 32, chapter 10, or not required to be licensed because exempt pursuant to section 32-1121, subsection A, paragraph 13.

B. The director may employ independent examiners pursuant to section 20-156 to review and analyze the financial statements that are submitted pursuant to subsection A, paragraph 3 of this section.

C. A motor vehicle dealer who is licensed under title 28, chapter 10, who sells a service contract program approved by the director pursuant to section 20-1095.06 and who notifies the director pursuant to section 20-1095.07 shall be exempt from the remainder of the requirements of this article.

D. For the purposes of this section, "affiliate" means a corporation that is owned or controlled by or is under common control with a manufacturer.