2009 California Civil Code - Section 1791-1791.3 :: Article 2. Definitions

CIVIL CODE
SECTION 1791-1791.3

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 sold at retail.
   (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) "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) "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) "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) "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) "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) "Lessee" means an individual who leases consumer goods under a
lease.
   (i) "Lessor" means a person who regularly leases consumer goods
under a lease.
   (j) "Manufacturer" means any individual, partnership, corporation,
association, or other legal relationship that manufactures,
assembles, or produces consumer goods.
   (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) "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) "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) "Sale" means either of the following:
   (1) The passing of title from the seller to the buyer for a price.
   (2) A consignment for sale.
   (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) "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) "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) "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) "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) "Member of the Armed Forces" means a person on full-time
active duty in the Army, Navy, Marine Corps, Air Force, National
Guard, 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.
   This section shall become operative on January 1, 2008.

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 purposes for which such goods are
used.
   (3) Are adequately contained, packaged, and labeled.
   (4) Conform to the promises or affirmations of fact made on the
container or label.
   (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) 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) 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.

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 if there is
a failure in utility or performance; or
   (2) In the event of any sample or model, that the whole of the
goods conforms to such sample or model.
   (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) 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.

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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