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§7.14 Consumer Warranty Act—Manufacturer’s and Seller's Responsibilities

 
Lesson 7:
Consumer
Protection
& Warranties

Under the Act, manufacturers and retail sellers of new products generally must provide a “merchantable product.” [CC §1792.] Other duties include the following:

  • Every manufacturer, distributor, and retailer must fully and clearly disclose express warranty terms and conditions. [CC §1793.1(a)(1).]
  • Every manufacturer of consumer goods sold in California for which an express warranty is made must maintain or designate sufficient authorized service and repair facilities reasonably close to all areas where the consumer goods are sold to carry out the terms of such warranties. [CC §1793.2(a)(1)(A).]
  • Every manufacturer, distributor, and retailer must inform buyers of the name and address of their service and repair facilities. [CC §1793.1(e).]
  • Every manufacturer or its representative must carry out any needed warranty work within 30 days. [CC §1793.2(b).]
  • Every manufacturer or its representative must replace the product or refund its price if, after a reasonable number of repair attempts, it cannot be made to conform to the express warranties. [CC §1793.2(d).]
  • In the case of a used product that is accompanied by an express warranty, the retail seller has the duty to repair. [CC §1795.5(a).]

It is an affirmative defense, however, if a defect or nonconformity is caused by the unauthorized or unreasonable use of the goods after it was sold. [CC §1794.3.]

 
 
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