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Civil Code - CIV - CIV § 1790.2
Civil Code - CIV - CIV § 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 provisions or applications of this chapter which can be given effect without the invalid provision or application, and to thi
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Civil Code - CIV - CIV § 1790.3
Civil Code - CIV - CIV § 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 provisions of the Commercial Code conflict with the rights guaranteed to buyers of consumer goods under the provisions of th
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Civil Code - CIV - CIV § 1790.4
Civil Code - CIV - CIV § 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, shall not be construed to supplant the provisions of the Unfair Practices Act.
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Civil Code - CIV - CIV § 1791
Civil Code - CIV - CIV § 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 household purposes, except for clothing and consumables. “Consumer goods” shall include new and used assistive devices so
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Civil Code - CIV - CIV § 1791.1
Civil Code - CIV - CIV § 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 the following: (1) Pass without objection in the trade under the contract description. (2) Are fit for the ordinary purp
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Civil Code - CIV - CIV § 1791.2
Civil Code - CIV - CIV § 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, or retailer undertakes to preserve or maintain the utility or performance of the consumer good or provide compensation i
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Civil Code - CIV - CIV § 1791.3
Civil Code - CIV - CIV § 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 otherwise attach to the sale of consumer goods under the provisions of this chapter.
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Civil Code - CIV - CIV § 1792
Civil Code - CIV - CIV § 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 manufacturer’s and the retail seller’s implied warranty that the goods are merchantable. The retail seller shall have a right
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Civil Code - CIV - CIV § 1792.1
Civil Code - CIV - CIV § 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 required for a particular purpose and that the buyer is relying on the manufacturer’s skill or judgment to select or furni
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Civil Code - CIV - CIV § 1792.2
Civil Code - CIV - CIV § 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 the goods are required for a particular purpose, and that the buyer is relying on the retailer’s or distributor’s skill o
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Civil Code - CIV - CIV § 1792.3
Civil Code - CIV - CIV § 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 an “as is” or “with all faults” basis where the provisions of this chapter affecting “as is” or “with all faults” sales
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Civil Code - CIV - CIV § 1792.4
Civil Code - CIV - CIV § 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 of merchantability or, where applicable, the implied warranty of fitness, unless a conspicuous writing is attached to th
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Civil Code - CIV - CIV § 1792.5
Civil Code - CIV - CIV § 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 this chapter, shall constitute a waiver by the buyer of the implied warranty of merchantability and, where applicable, of t
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Civil Code - CIV - CIV § 1793
Civil Code - CIV - CIV § 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 express warranties with respect to consumer goods. However, a manufacturer, distributor, or retailer, in transacting a sale in
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Civil Code - CIV - CIV § 1793.01
Civil Code - CIV - CIV § 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 delivery of the good. This section does not limit an express warranty made before July 1, 2023.
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Civil Code - CIV - CIV § 1793.02
Civil Code - CIV - CIV § 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 written warranty which shall contain the following language: “This assistive device is warranted to be specifically fit for the
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Civil Code - CIV - CIV § 1793.025
Civil Code - CIV - CIV § 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 user, shall be accompanied by the manufacturer’s or lessor’s written express warranty that the wheelchair is free of defects.
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Civil Code - CIV - CIV § 1793.03
Civil Code - CIV - CIV § 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) an
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Civil Code - CIV - CIV § 1793.05
Civil Code - CIV - CIV § 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 vehicle manufacturer for any and all components of the finished product which are, by virtue of any act of the alterer, n
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Civil Code - CIV - CIV § 1793.1
Civil Code - CIV - CIV § 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 and readily understood language, which shall clearly identify the party making the express warranties, and which shall co
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Civil Code - CIV - CIV § 1793.2
Civil Code - CIV - CIV § 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 sufficient service and repair facilities reasonably close to all areas where its consumer goods are sold to carry out the
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Civil Code - CIV - CIV § 1793.22
Civil Code - CIV - CIV § 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 made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer
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Civil Code - CIV - CIV § 1793.23
Civil Code - CIV - CIV § 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 valuable protection to consumers. (2) That, in states without this valuable warranty protection, used and irrepairable mot
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Civil Code - CIV - CIV § 1793.24
Civil Code - CIV - CIV § 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 of the following: (1) Year, make, model, and vehicle identification number of the vehicle. (2) Whether the title to the ve
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Civil Code - CIV - CIV § 1793.25
Civil Code - CIV - CIV § 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 manufacturer of a new motor vehicle for an amount equal to the sales tax or use tax which the manufacturer pays to or for