APPLICABILITY OF CHAPTER.

(a) Except as provided by Subsection (b), this chapter applies only to digital electronic equipment:

(1) sold to a consumer in this state; and

(2) that has a wholesale price of at least $50.

(b) This chapter does not apply to:

(1) information technology equipment that is intended for use in critical infrastructure as defined by 42 U.S.C. Section 5195c(e);

(2) a motor vehicle manufacturer who complies with a memorandum of understanding or any other industry-recognized agreement relating to the diagnosis, maintenance, or repair of digital electronic equipment;

(3) a powersports vehicle or outboard motor;

(4) a medical device or product:

(A) found in a medical setting, including diagnostic, monitoring, or control equipment; or

(B) offered for purchase or prescribed by a health care provider;

(5) a manufacturer of farm equipment who complies with a memorandum of understanding or any other industry-recognized agreement relating to the diagnosis, maintenance, or repair of digital electronic equipment;

(6) aerospace, airplane, or train equipment;

(7) heavy equipment;

(8) commercial and industrial electrical equipment, including power distribution equipment, such as telecommunications network infrastructure, commercial visual display equipment, medium/low voltage switchgear and transformers, power control equipment, such as medium/low voltage motor control and drives, power quality equipment, such as uninterruptible power supplies, remote power panels, power distribution units and static/transfer switches, and any tools, technology, attachments, accessories, components, and repair parts for any of the equipment described by this subdivision;

(9) a home appliance that has digital electronic equipment embedded within it, including refrigerators, ovens, microwaves, air conditioning units, and heating units, excluding other countertop or stand-alone small appliances;

(10) safety communications equipment, the intended use of which is for emergency response or prevention purposes by an emergency service organization, such as a police, fire, or medical and emergency rescue services agency;

(11) fire alarm systems, intrusion detection equipment that is provided with a security monitoring service, life safety systems, and physical access control equipment, including electronic keypads and similar building access control electronics;

(12) a video game console; or

(13) an original equipment manufacturer that provides an equivalent or better, readily available replacement part at no charge to and only at the discretion of the consumer.