Consumer Warranty ProtectionDefinitions

Section § 1791

Explanation

This section is all about defining terms related to consumer goods and their sales, leases, and services. It clarifies what counts as consumer goods, like new products for personal use (but not clothes or consumables), and describes different roles in selling these goods, such as buyers, sellers, distributors, and manufacturers. The section also defines things like leases, assistive devices for people with disabilities, service contracts, and specific types of household and electronic products. Additionally, it specifies how certain terms, like 'clear and conspicuous' in communication, should be interpreted.

As used in this chapter:
(a)CA Civil Law Code § 1791(a) “Consumer goods” means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. “Consumer goods” shall include new and used assistive devices sold at retail.
(b)CA Civil Law Code § 1791(b) “Buyer” or “retail buyer” means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. As used in this subdivision, “person” means any individual, partnership, corporation, limited liability company, association, or other legal entity that engages in any of these businesses.
(c)CA Civil Law Code § 1791(c) “Clothing” means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric.
(d)CA Civil Law Code § 1791(d) “Consumables” means any product that is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that usually is consumed or expended in the course of consumption or use.
(e)CA Civil Law Code § 1791(e) “Distributor” means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods.
(f)CA Civil Law Code § 1791(f) “Independent repair or service facility” or “independent service dealer” means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that engages in the business of servicing and repairing consumer goods.
(g)CA Civil Law Code § 1791(g) “Lease” means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods’ depreciation.
(h)CA Civil Law Code § 1791(h) “Lessee” means an individual who leases consumer goods under a lease.
(i)CA Civil Law Code § 1791(i) “Lessor” means a person who regularly leases consumer goods under a lease.
(j)CA Civil Law Code § 1791(j) “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods.
(k)CA Civil Law Code § 1791(k) “Place of business” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the distribution point for consumer goods.
(l)CA Civil Law Code § 1791(l) “Retail seller,” “seller,” or “retailer” means any individual, partnership, corporation, association, or other legal relationship that engages in the business of selling or leasing consumer goods to retail buyers.
(m)CA Civil Law Code § 1791(m) “Return to the retail seller” means, for the purposes of any retail seller that sells consumer goods by catalog or mail order, the retail seller’s place of business, as defined in subdivision (k).
(n)CA Civil Law Code § 1791(n) “Sale” means either of the following:
(1)CA Civil Law Code § 1791(n)(1) The passing of title from the seller to the buyer for a price.
(2)CA Civil Law Code § 1791(n)(2) A consignment for sale.
(o)CA Civil Law Code § 1791(o) “Service contract” means a contract in writing to perform, over a fixed period of time or for a specified duration, services relating to the maintenance or repair of a consumer product, except that this term does not include a policy of automobile insurance, as defined in Section 116 of the Insurance Code.
(p)CA Civil Law Code § 1791(p) “Assistive device” means any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that is used or intended to be used, to assist an individual with a disability in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body of an individual with a disability, except that this term does not include prescriptive lenses and other ophthalmic goods unless they are sold or dispensed to a blind person, as defined in Section 19153 of the Welfare and Institutions Code and unless they are intended to assist the limited vision of the person so disabled.
(q)CA Civil Law Code § 1791(q) “Catalog or similar sale” means a sale in which neither the seller nor any employee or agent of the seller nor any person related to the seller nor any person with a financial interest in the sale participates in the diagnosis of the buyer’s condition or in the selection or fitting of the device.
(r)CA Civil Law Code § 1791(r) “Home appliance” means any refrigerator, freezer, range, microwave oven, washer, dryer, dishwasher, garbage disposal, trash compactor, or room air-conditioner normally used or sold for personal, family, or household purposes.
(s)CA Civil Law Code § 1791(s) “Home electronic product” means any television, radio, antenna rotator, audio or video recorder or playback equipment, video camera, video game, video monitor, computer equipment, telephone, telecommunications equipment, electronic alarm system, electronic appliance control system, or other kind of electronic product, if it is normally used or sold for personal, family, or household purposes. The term includes any electronic accessory that is normally used or sold with a home electronic product for one of those purposes. The term excludes any single product with a wholesale price to the retail seller of less than fifty dollars ($50).
(t)CA Civil Law Code § 1791(t) “Member of the Armed Forces” means a person on full-time active duty in the Army, Navy, Marine Corps, Air Force, National Guard, Space Force, or Coast Guard. Full-time active duty shall also include active military service at a military service school designated by law or the Adjutant General of the Military Department concerned.
(u)CA Civil Law Code § 1791(u) “Clear and conspicuous” and “clearly and conspicuously” means a larger type than the surrounding text, or in a contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. For an audio disclosure, “clear and conspicuous” and “clearly and conspicuously” means in a volume and cadence sufficient to be readily audible and understandable.
(v)CA Civil Law Code § 1791(v) “Motor home” has the same meaning as defined in Section 1793.22.
(w)CA Civil Law Code § 1791(w) “Mobilehome” means a vehicle as defined in Section 18008 of the Health and Safety Code.
(x)CA Civil Law Code § 1791(x) “Travel trailer” means a vehicular unit without motive power that is designed to be towed or carried by a motor vehicle. “Travel trailer” does not include a mobilehome.
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Section § 1791.1

Explanation

This section talks about the 'implied warranty of merchantability' and 'implied warranty of fitness' for consumer goods. The implied warranty of merchantability ensures products meet certain standards like being fit for ordinary use, properly packaged, and as advertised. The implied warranty of fitness applies when a seller knows the specific purpose the buyer needs a product for, and the buyer relies on the seller's expertise. These warranties must last at least 60 days but no more than a year from purchase, unless a longer express warranty is available. If the implied warranties are breached, the buyer has certain legal remedies.

As used in this chapter:
(a)CA Civil Law Code § 1791.1(a) “Implied warranty of merchantability” or “implied warranty that goods are merchantable” means that the consumer goods meet each of the following:
(1)CA Civil Law Code § 1791.1(a)(1) Pass without objection in the trade under the contract description.
(2)CA Civil Law Code § 1791.1(a)(2) Are fit for the ordinary purposes for which such goods are used.
(3)CA Civil Law Code § 1791.1(a)(3) Are adequately contained, packaged, and labeled.
(4)CA Civil Law Code § 1791.1(a)(4) Conform to the promises or affirmations of fact made on the container or label.
(b)CA Civil Law Code § 1791.1(b) “Implied warranty of fitness” means (1) that when the retailer, distributor, or manufacturer has reason to know any particular purpose for which the consumer goods are required, and further, that the buyer is relying on the skill and judgment of the seller to select and furnish suitable goods, then there is an implied warranty that the goods shall be fit for such purpose and (2) that when there is a sale of an assistive device sold at retail in this state, then there is an implied warranty by the retailer that the device is specifically fit for the particular needs of the buyer.
(c)CA Civil Law Code § 1791.1(c) The duration of the implied warranty of merchantability and where present the implied warranty of fitness shall be coextensive in duration with an express warranty which accompanies the consumer goods, provided the duration of the express warranty is reasonable; but in no event shall such implied warranty have a duration of less than 60 days nor more than one year following the sale of new consumer goods to a retail buyer. Where no duration for an express warranty is stated with respect to consumer goods, or parts thereof, the duration of the implied warranty shall be the maximum period prescribed above.
(d)CA Civil Law Code § 1791.1(d) Any buyer of consumer goods injured by a breach of the implied warranty of merchantability and where applicable by a breach of the implied warranty of fitness has the remedies provided in Chapter 6 (commencing with Section 2601) and Chapter 7 (commencing with Section 2701) of Division 2 of the Commercial Code, and, in any action brought under such provisions, Section 1794 of this chapter shall apply.
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Section § 1791.2

Explanation

This law defines what an 'express warranty' is in relation to consumer goods. It involves a written promise from the manufacturer, distributor, or retailer at the time of sale that they will ensure the product works as expected, or they will compensate if it doesn't. This can also mean that a product must match any sample or model shown to the consumer. Specific terms like 'warrant' or 'guarantee' aren't necessary to create a legal warranty, but if they are used, they result in one. However, simple statements about product value or general claims about customer satisfaction don't count as express warranties.

(a)CA Civil Law Code § 1791.2(a) “Express warranty” means:
(1)CA Civil Law Code § 1791.2(a)(1) A written statement arising out of a sale to the consumer of a consumer good pursuant to which the manufacturer, distributor, or retailer undertakes to preserve or maintain the utility or performance of the consumer good or provide compensation if there is a failure in utility or performance; or
(2)CA Civil Law Code § 1791.2(a)(2) In the event of any sample or model, that the whole of the goods conforms to such sample or model.
(b)CA Civil Law Code § 1791.2(b) It is not necessary to the creation of an express warranty that formal words such as “warrant” or “guarantee” be used, but if such words are used then an express warranty is created. An affirmation merely of the value of the goods or a statement purporting to be merely an opinion or commendation of the goods does not create a warranty.
(c)CA Civil Law Code § 1791.2(c) Statements or representations such as expressions of general policy concerning customer satisfaction which are not subject to any limitation do not create an express warranty.
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Section § 1791.3

Explanation

This law section explains that when a product is sold "as is" or "with all faults," the manufacturer, distributor, and retailer are letting consumers know that they are not providing any guarantees about the product's condition or quality. Essentially, the buyer accepts the product with any existing issues, and no warranties will apply.

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 otherwise attach to the sale of consumer goods under the provisions of this chapter.
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