LEGAL AFFAIRS,
400 R Street, Suite 3090,
Sacramento, CA 95814-6200
Legal Guide W-6
CONSUMER PRODUCT WARRANTIES
Full and Limited Warranties
Express and Implied Warranties
Disclosures, Disclaimers, Remedies
September 1990
(Revised, September 1994)
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 maintence.
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.
NOTICE: We attempt to make our
legal guides accurate as of the
date of publication, but they are
only guidelines and not definitive
statements of the law. Questions
about the law's application to particular
cases should be directed to a specialist.
Prepared by:
RICHARD A. ELBRECHT
Supervising Attorney
Legal Services Unit
Department Of Consumer Affairs
Post Office Box 310
Sacramento, CA 95802
