Assume a failed unit (within warranty)
is being held for service for longer
than thirty days due to lack of
parts.
If the manufacturer is unwilling
to supply those parts and not willing
to replace the unit. This can pose
as a violation of
California’s
Civil Laws.
State law allows for a repair
to go beyond 30 days if the manufacturer
can provide a reasonable explanation
(not within their control) of why
they can’t provide the parts needed
to complete repairs in the time
limit, however, it must have an
expedient resolve.
California
has in place such laws as Song-Beverly
Consumer Warranty Act to help the
service provider protect the consumer.
The following was defined by the:
Attorney General’s Office.
SERVICING
AND REPAIR PROCEDURES
A
California
law, the Song-Beverly Consumer Warranty
Act, states that a manufacturer
who furnishes a written warranty
on a consumer product must provide
service and repair facilities in
California
reasonably close to all areas where
the product is sold. These facilities
must be set up to carry out the
terms of the warranty.
This law states
that a manufacturer can delegate
its responsibilities to retailers
or to independent repair or service
facilities. To help ensure that
the repairs are performed competently,
the manufacturer must pay the retailer
or repair facility the actual and
reasonable cost of service, including
any parts and any reasonable cost
of transporting the goods or parts,
plus a reasonable profit.
The manufacturer,
or its representative, must begin
repairs within a reasonable time
after you return the defective product
for repairs. The repairs must be
completed within 30 days. During
the period while a product sold
for $50 or more is being repaired,
the written warranty's duration
is automatically extended.
If the manufacturer
or its representative is unable
to service or repair the product
to conform to its written warranty
after a reasonable number of attempts,
you have the right to receive a
replacement of the product, or a
refund of the product's purchase
price, less depreciation resulting
from your use before the defect
was discovered.
The
California
rules on performance of service
and repair apply both to "full warranties"
and "limited warranties." If the
manufacturer has not established
service and repair facilities in
California sufficient to carry out
its warranty, you have the right
to return the defective product
for repair to the original seller,
who must repair the defective product,
direct you to an independent repair
facility that is willing to honor
the warranty, replace the product,
or refund its price less depreciation.
You also can
return the defective product to
any other retailer who sells similar
goods from the same manufacturer
for replacement or repair. A retailer
who is
not the original seller probably
can decline service.
If the original
seller (or a retailer of similar
products of the same manufacturer)
performs repairs, the manufacturer
must pay the retailer the actual
and reasonable cost of the service,
including a reasonable profit. If
the product is replaced, the manufacturer
is required to pay the retailer
the actual cost of the replaced
product plus any transportation
costs and a reasonable handling
charge. If the retailer refunds
the price, the manufacturer must
pay the retailer the amount refunded,
plus a reasonable handling charge.
If there is a
delay in making repairs because
of conditions beyond the control
of the manufacturer or its representative,
the 30-day period for completing
the repairs is extended, but only
to the extent
justified. (A failure to stock
parts without a satisfactory
reason does not extend the 30-day
period.) The 30-day period is also
extended if you agree in writing.
In several circumstances,
the manufacturer or its representative
must provide warranty service at
your home, or pick up a malfunctioning
product and take it to its own facility
without additional charges for transportation.
The circumstances occur when the
product's size and weight, method
of attachment or installation, or
the defect's nature, make it impossible
for you to return the product. If
the manufacturer has not set up
sufficient repair facilities in
California,
the
retail seller has these obligations.
In the case of
a
used product sold with the retail
seller's or distributor's written
warranty, the retail seller or distributor
(not the manufacturer) must honor
the warranty's repair provisions.
Sometimes the warranty on a new
or used product is given by a company
other than the manufacturer or seller.
In those instances, the company
giving the warranty must perform
the service, though the seller (and
the manufacturer if the product
is new) may be subject to certain
implied warranties.
The warrantor's
duty to repair does not extend to
defects caused by unauthorized or
unreasonable use, including failure
to provide reasonable and necessary
maintenance. A warrantor who claims
that a defect was caused by your
unauthorized or unreasonable use
or failure to maintain should be
asked to describe exactly how the
product was neglected or abused.
In court, a warrantor who asserts
that you have abused the product
has the burden of proof.
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 9801 of the Business and
Professions Code, with a wholesale price to the retailer of not less
than fifty dollars ($50) and not more than ninety-nine dollars and
ninety-nine cents ($99.99), shall make available to service and
repair facilities sufficient service literature and functional parts
to effect the repair of a product for at least three years after the
date a product model or type was manufactured, regardless of whether
the three-year period exceeds the warranty period for the product.
(b) Every manufacturer making an express warranty with respect to
an electronic or appliance product described in subdivision (h), (i),
(j), or (k) of Section 9801 of the Business and Professions Code,
with a wholesale price to the retailer of one hundred dollars ($100)
or more, shall make available to service and repair facilities
sufficient service literature and functional parts to effect the
repair of a product for at least seven years after the date a product
model or type was manufactured, regardless of whether the seven-year
period exceeds the warranty period for the product
Keep in mind as the service company
you are not exempt from your responsibilities
as an authorized representative
of the manufacture. You were hired
to perform a service, if you find
that a part is going to be backordered
for a period to exceed 30 days make
sure you work with the manufacture
to resolve this issue. If you are
having a technical problem with
the repair, work in conjunction
with all parties to get the consumer
taken care off!
On the seven year period if you
are having a problem acquiring a
part for the completion of the repair
and have taken every step to resolve
the issue please go to the following
site to file a complaint. Your goal
should be to protect the consumer
always!
http://www.bear.ca.gov/forms-pubs/industry_tip_form.pdf
Next issue full & limited warranties
