2002 Florida Code
TITLE XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 482 PEST CONTROL  
482.227   Guarantees and warranties.

1482.227  Guarantees and warranties.--

(1)  The Legislature finds that the terms "guarantee" and "warranty" are common in contracts for the treatment of wood-destroying organisms and intends to clarify that the purpose of this section is to assure that the consumer understands whether a contract contains a "guarantee" or "warranty" for repair and retreatment or for retreatment only or contains no guarantee. Unless the contract for treatment of wood-destroying organisms indicates conspicuously on the front page whether the guarantee or warranty is for repair and retreatment or for retreatment only or that no guaranty or warranty is offered, the term "guarantee" or "warranty" may be used in a contract for treatment of wood-destroying organisms only in the following circumstances:

(a)  If the licensee promises to repair any property damaged by wood-destroying organisms during a specified period after the treatment, the term "full" or "unlimited" must be used together with the term "guarantee" or "warranty" wherever that term occurs other than in a disclaimer under subsection (2).

(b)  If the licensee promises only to provide additional treatment if infestation occurs during a specified period after treatment, the term "limited" must be used with the term "guarantee" or "warranty" wherever that term occurs other than in a disclaimer under subsection (2).

(c)  If the licensee does not promise to repair the property or provide additional treatment, the term "guarantee" or "warranty" may not be used except in a disclaimer under subsection (2).

(2)  A disclaimer indicating that no guarantee or warranty is offered under the contract must appear in conspicuous type on the face of the contract.

History.--ss. 13, 15, ch. 82-229; ss. 53, 59, ch. 92-203; ss. 20, 21, ch. 2002-295.

1Note.--Section 21, ch. 2002-295, amended s. 482.227, effective October 1, 2003, to read:

482.227  Guarantees and warranties; contracts executed after October 1, 2003.--

(1)  The Legislature finds that the terms "guarantee" and "warranty" are common in contracts for the treatment of wood-destroying organisms. The purpose of this section is to assure that contract language describing a "guarantee" or "warranty" is clear and easily identifiable for the protection of consumers and licensees. Therefore the following provisions shall apply to each new contract for the treatment of wood-destroying organisms issued by the licensee and signed by the customer after October 1, 2003.

(2)  Any contract for treatment of wood-destroying organisms must specify on the first page in bold print that it is offered for repair and retreatment or for retreatment only or that no warranty or guarantee is offered.

(3)  The contract for treatment of wood-destroying organisms must specify on the first page in bold print whether there are any disclaimers, limitations, conditions, or exclusions on the licensee's obligation to repair or re-treat the property. Contract sections describing disclaimers, limitations, conditions, or exclusions applicable to the licensee's obligation to repair or re-treat the property must contain headings in bold print.

(4)  If a contract for treatment of wood-destroying organisms contains a disclaimer, limitation, condition, or exclusion applicable to the licensee's obligation to repair or re-treat the property, the term "full" or "unlimited" may not be used together with the term "guarantee" or "warranty."