CHAPTER 1. Consumer Warranty Protection [1790. - 1795.8.]

Chapter 1 added by Stats. 1970, Ch. 1333.

§§ 1790–1795.8 · 48 sections

1. 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,…
2. 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…
3. 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…