L15G User Manual

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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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User Manual - Page 98