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Limited Warranty Statement
121
Limited Warranty Statement
7.11 Warranty Laws
The following laws govern
warranties that arise in retail
sales of consumer goods:
The California Song-Beverly
Consumer Warranty Act [CC
§§1790 et seq],
The California Uniform
Commercial Code, Division
Two [Com C §§2101 et seq],
and
The federal Magnuson-Moss
Warranty Federal Trade
Commission Improvement
Act [15 USC §§2301 et seq;
16 CFR Parts 701– 703]. A
typical Magnuson-Moss Act
warranty is a written promise
that the product is free of
defects or a written promise
to refund, repair, or replace
defective goods. [See 15
USC §2301(6).] Remedies
include damages for failing to
honor a written warranty or
service contract or for violating
disclosure provisions. [See
15 USC §2310(d).] Except for
some labeling and disclosure
requirements, the federal Act
does not preempt state law.
[See 15 USC §2311.]
The Consumer Warranty Act
does not affect the rights and
obligations of parties under the
state Uniform Commercial Code,
except the provisions of the Act
prevail over provisions of the
Commercial Code when they
conflict. [CC §1790.3.]
For purposes of small claims
actions, this course will focus on
rights and duties under the state
laws.
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