TITLE 1.7. CONSUMER WARRANTIES [1790. - 1797.96.]
Title 1.7 added by Stats. 1970, Ch. 1333.
§§ 1790–1797.96 · 76 sections
CHAPTER 1. Consumer Warranty Protection §§ 1790–1795.8 · 48 sections
ARTICLE 1. General Provisions §§ 1790–1790.4 · 5 sections
- § 1790 This chapter may be cited as the “Song-Beverly Consumer Warranty Act.”
- § 1790.1 Any waiver by the buyer of consumer goods of the provisions of this chapter, except as expressly provided in this chapter, shall be deemed contrary to public…
- § 1790.2 If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional, such invalidity shall not affect other…
- § 1790.3 The provisions of this chapter shall not affect the rights and obligations of parties determined by reference to the Commercial Code except that, where the…
- § 1790.4 The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular,…
ARTICLE 2. Definitions §§ 1791–1791.3 · 4 sections
- § 1791 As used in this chapter: (a) “Consumer goods” means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or…
- § 1791.1 As used in this chapter: (a) “Implied warranty of merchantability” or “implied warranty that goods are merchantable” means that the consumer goods meet each of…
- § 1791.2 (a) “Express warranty” means: (1) A written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor,…
- § 1791.3 As used in this chapter, a sale “as is” or “with all faults” means that the manufacturer, distributor, and retailer disclaim all implied warranties that would…
ARTICLE 3. Sale Warranties §§ 1792–1795.8 · 39 sections
- § 1792 Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied by the…
- § 1792.1 Every sale of consumer goods that are sold at retail in this state by a manufacturer who has reason to know at the time of the retail sale that the goods are…
- § 1792.2 (a) Every sale of consumer goods that are sold at retail in this state by a retailer or distributor who has reason to know at the time of the retail sale that…
- § 1792.3 No implied warranty of merchantability and, where applicable, no implied warranty of fitness shall be waived, except in the case of a sale of consumer goods on…
- § 1792.4 (a) No sale of goods, governed by the provisions of this chapter, on an “as is” or “with all faults” basis, shall be effective to disclaim the implied warranty…
- § 1792.5 Every sale of goods that are governed by the provisions of this chapter, on an “as is” or “with all faults” basis, made in compliance with the provisions of…
- § 1793 Except as provided in Sections 1793.01 and 1793.02, nothing in this chapter shall affect the right of the manufacturer, distributor, or retailer to make…
- § 1793.01 A manufacturer, distributor, or retail seller shall not make an express warranty with respect to a consumer good that commences earlier than the date of…
- § 1793.02 (a) (1) Except as provided in paragraph (2), all new and used assistive devices sold at retail in this state shall be accompanied by the retail seller’s…
- § 1793.025 (a) All new and used wheelchairs, including, but not limited to, wheelchairs that are motorized or have been otherwise customized to suit the needs of the…
- § 1793.03 (a) Every manufacturer making an express warranty with respect to an electronic or appliance product described in subdivision (h), (i), (j), or (k) of Section…
- § 1793.05 Vehicle manufacturers who alter new vehicles into housecars shall, in addition to any new product warranty, assume any warranty responsibility of the original…
- § 1793.1 (a) (1) Every manufacturer, distributor, or retailer making express warranties with respect to consumer goods shall fully set forth those warranties in simple…
- § 1793.2 (a) Every manufacturer of consumer goods sold in this state and for which the manufacturer has made an express warranty shall: (1) (A) Maintain in this state…
- § 1793.22 (a) This section shall be known and may be cited as the Tanner Consumer Protection Act. (b) It shall be presumed that a reasonable number of attempts have been…
- § 1793.23 (a) The Legislature finds and declares all of the following: (1) That the expansion of state warranty laws covering new and used cars has given important and…
- § 1793.24 (a) The notice required in subdivisions (d) and (e) of Section 1793.23 shall be prepared by the manufacturer of the reacquired vehicle and shall disclose all…
- § 1793.25 (a) Notwithstanding Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code, the State Board of Equalization shall reimburse the…
- § 1793.26 (a) Any automobile manufacturer, importer, distributor, dealer, or lienholder who reacquires, or who assists in reacquiring, a motor vehicle, whether by…
- § 1793.3 If the manufacturer of consumer goods sold in this state for which the manufacturer has made an express warranty does not provide service and repair facilities…
- § 1793.35 (a) Where the retail sale of clothing or consumables is accompanied by an express warranty and such items do not conform with the terms of the express…
- § 1793.4 Where an option is exercised in favor of service and repair under Section 1793.3, such service and repair must be commenced within a reasonable time, and,…
- § 1793.5 Every manufacturer making express warranties who does not provide service and repair facilities within this state pursuant to subdivision (a) of Section 1793.2…
- § 1793.6 Except as otherwise provided in the terms of a warranty service contract, as specified in subdivision (a) of Section 1793.2, entered into between a…
- § 1794 (a) Any buyer of consumer goods who is damaged by a failure to comply with any obligation under this chapter or under an implied or express warranty or service…
- § 1794.1 (a) Any retail seller of consumer goods injured by the willful or repeated violation of the provisions of this chapter may bring an action for the recovery of…
- § 1794.3 The provisions of this chapter shall not apply to any defect or nonconformity in consumer goods caused by the unauthorized or unreasonable use of the goods…
- § 1794.4 (a) Nothing in this chapter shall be construed to prevent the sale of a service contract to the buyer in addition to or in lieu of an express warranty if that…
- § 1794.41 (a) No service contract covering any motor vehicle, home appliance, or home electronic product purchased for use in this state may be offered for sale or sold…
- § 1794.45 (a) A retailer that sells a service contract pursuant to Section 1794.4 shall do either of the following during the period that the service contract is in…
- § 1794.5 The provisions of this chapter shall not preclude a manufacturer making express warranties from suggesting methods of effecting service and repair, in…
- § 1795 If express warranties are made by persons other than the manufacturer of the goods, the obligation of the person making such warranties shall be the same as…
- § 1795.1 This chapter shall apply to any equipment or mechanical, electrical, or thermal component of a system designed to heat, cool, or otherwise condition air, but,…
- § 1795.4 For the purposes of this chapter only, the following rules apply to leases of both new and used consumer goods: (a) If express warranties are regularly…
- § 1795.5 Notwithstanding the provisions of subdivision (a) of Section 1791 defining consumer goods to mean “new” goods, the obligation of a distributor or retail seller…
- § 1795.51 (a) No buy-here-pay-here dealer, as that term is defined in Section 241 of the Vehicle Code, shall sell or lease a used vehicle, as defined in Section 665 of…
- § 1795.6 (a) (1) Except as provided in paragraph (2) warranty period relating to an implied or express warranty accompanying a sale or consignment for sale of consumer…
- § 1795.7 Whenever a warranty, express or implied, is tolled pursuant to Section 1795.6 as a result of repairs or service performed by any retail seller, the warranty…
- § 1795.8 Notwithstanding any other provision of law, this chapter shall apply to a purchase in the United States of a motor vehicle, as defined in paragraph (2) of…
CHAPTER 1.5. Motor Vehicle Warranty Adjustment Programs §§ 1795.90–1795.93 · 4 sections
- § 1795.90 For purposes of this chapter: (a) “Consumer” means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor vehicle, any…
- § 1795.91 Dealers shall have the following duties: (a) A dealer shall provide notice to prospective purchasers and lessees that provides information on how to get copies…
- § 1795.92 Manufacturers shall have the following duties: (a) A manufacturer shall, within 90 days of the adoption of an adjustment program, subject to priority for…
- § 1795.93 Nothing in this chapter shall be construed to exclude, modify, or otherwise limit any other remedy provided by law to a consumer or lessee.
CHAPTER 2. Standards for Warranty Work §§ 1796–1796.5 · 2 sections
- § 1796 Any individual, partnership, corporation, association, or other legal relationship which engages in the business of installing new or used consumer goods, has…
- § 1796.5 Any individual, partnership, corporation, association, or other legal relationship which engages in the business of providing service or repair to new or used…
CHAPTER 3. Mobilehome Warranties §§ 1797–1797.7 · 8 sections
- § 1797 All new mobilehomes and manufactured homes sold to a buyer shall be covered by the warranty set forth in this chapter.
- § 1797.1 As used in this chapter: (a) “Contractor” means any person who is a general building contractor within the meaning of Section 7057 of the Business and…
- § 1797.2 (a) The warranty provided for in this chapter shall apply to the manufacturer of the mobilehome or the manufactured home as well as to the contractor or dealer…
- § 1797.3 The mobilehome/manufactured home warranty from the contractor, manufacturer, or dealer to the buyer shall be set forth in a separate written document that…
- § 1797.4 The warranty under this chapter shall be in addition to, and not in derogation of, all other rights and privileges which the buyer may have under any other law…
- § 1797.5 Every contractor or dealer shall display a copy of all of the warranty provisions required by this chapter. The copy of the warranty provisions required by…
- § 1797.6 Manufacturers, contractors, and dealers shall keep records of all actions taken pursuant to this chapter, including all correspondence to or from the buyer for…
- § 1797.7 The contractor, dealer, or manufacturer shall complete warranty service to correct all substantial defects within 90 days of receiving the buyer’s written…
CHAPTER 4. Grey Market Goods §§ 1797.8–1797.86 · 7 sections
- § 1797.8 (a) As used in this chapter, the term “grey market goods” means consumer goods bearing a trademark and normally accompanied by an express written warranty…
- § 1797.81 (a) Every retail seller who offers grey market goods for sale shall post a conspicuous sign at the product’s point of display and affix to the product or its…
- § 1797.82 Every retail dealer who offers for sale grey market goods shall be required to disclose in any advertisement of those goods the disclosures required by Section…
- § 1797.83 In making the disclosures prescribed by this chapter, the retail seller may use reasonably equivalent language if necessary or appropriate to achieve a…
- § 1797.84 Nothing in this chapter shall be construed to authorize any sale of goods which is specifically prohibited by a federal or state statute or regulation or a…
- § 1797.85 Any retail seller who violates this chapter shall be liable to the buyer who returns the product for a refund, or credit on credit purchases, if the product…
- § 1797.86 Any violation of this chapter constitutes unfair competition under Section 17200 of the Business and Professions Code, grounds for rescission under Section…
CHAPTER 5. Home Roof Warranties §§ 1797.90–1797.96 · 7 sections
- § 1797.90 This chapter shall apply to all contracts and warranties for roofing materials used on a residential structure, including, but not limited to, a manufactured…
- § 1797.91 Any contract for roofing materials, or for the installation, repair, or replacement of all or any portion of the roof of a residential structure, including,…
- § 1797.92 For any contract subject to this chapter that is entered into on or after January 1, 1994, the warranty obligations shall inure to the benefit of, and shall be…
- § 1797.93 If any warranty subject to this chapter, uses the term “lifetime,” “life,” or a similar representation to describe the duration of the warranty, then the…
- § 1797.94 Any warranty subject to this chapter, shall inure to the benefit of, and shall be directly enforceable by, all subsequent purchasers and transferees of the…
- § 1797.95 A warrantor who provides roof warranties in multiple states may standardize the warranty to meet warranty requirements of other states. However, those…
- § 1797.96 Where a warranty subject to this chapter is provided for the benefit of the purchaser of a newly constructed residential structure, the seller shall provide…