2009 California Civil Code - Section 1797.8-1797.86 :: Chapter 4. Grey Market Goods

CIVIL CODE
SECTION 1797.8-1797.86

1797.8.  (a) As used in this chapter, the term "grey market goods"
means consumer goods bearing a trademark and normally accompanied by
an express written warranty valid in the United States of America
which are imported into the United States through channels other than
the manufacturer's authorized United States distributor and which
are not accompanied by the manufacturer's express written warranty
valid in the United States.
   (b) As used in this chapter, the term "sale" includes a lease of
more than four months.

1797.81.  (a) Every retail seller who offers grey market goods for
sale shall post a conspicuous sign at the product's point of display
and affix to the product or its package a conspicuous ticket, label,
or tag disclosing any or all of the following, whichever is
applicable:
   (1) The item is not covered by a manufacturer's express written
warranty valid in the United States (however, any implied warranty
provided by law still exists).
   (2) The item is not compatible with United States electrical
currents.
   (3) The item is not compatible with United States broadcast
frequencies.
   (4) Replacement parts are not available through the manufacturer's
United States distributors.
   (5) Compatible accessories are not available through the
manufacturer's United States distributors.
   (6) The item is not accompanied by instructions in English.
   (7) The item is not eligible for a manufacturer's rebate.
   (8) Any other incompatibility or nonconformity with relevant
domestic standards known to the seller.
   (b) The disclosure described in paragraph (1) of subdivision (a)
shall not be required to be made by a retail seller with respect to
grey market goods that are accompanied by an express written warranty
provided by the retail seller, provided that each of the following
conditions is satisfied:
   (1) The protections and other benefits that are provided to the
buyer by the express written warranty provided by the retail seller
are equal to or better than the protections and other benefits that
are provided to buyers in the United States of America by the
manufacturer's express written warranty that normally accompanies the
goods.
   (2) The express written warranty conforms to the requirements of
the Song-Beverly Consumer Warranty Act, (Chapter 1 (commencing with
Section 1790)), including, but not limited to, the warranty
disclosure standards specified in Section 1793.1, and the standards
applicable to service and repair facilities specified in Section
1793.2.
   (3) The retail seller has posted a conspicuous sign at the product'
s point of sale or display, or has affixed to the product or its
package a conspicuous ticket, label, or tag that informs prospective
buyers that copies of all of the warranties applicable to the
products offered for sale by the retail seller are available to
prospective buyers for inspection upon request.
   (4) The retail seller has complied with the provisions on presale
availability of written warranties set forth in the regulations of
the Federal Trade Commission adopted pursuant to the federal
Magnuson-Moss Warranty-Federal Trade Commission Improvement Act (see
15 U.S.C.A. Sec. 2302(b)(1)(A) and 16 C.F.R. 702.1 et seq.).
   (c) Nothing in subdivision (b) shall affect the obligations of a
retail seller to make the disclosures, if any, required by any other
paragraph of subdivision (a).

1797.82.  Every retail dealer who offers for sale grey market goods
shall be required to disclose in any advertisement of those goods the
disclosures required by Section 1797.81. The disclosure shall be
made in a type of conspicuous size.

1797.83.  In making the disclosures prescribed by this chapter, the
retail seller may use reasonably equivalent language if necessary or
appropriate to achieve a clearer, or more accurate, disclosure.

1797.84.  Nothing in this chapter shall be construed to authorize
any sale of goods which is specifically prohibited by a federal or
state statute or regulation or a local ordinance or regulation, or to
relieve the seller of any responsibility for bringing the goods into
compliance with any applicable federal or state statute or
regulation or local ordinance or regulation.

1797.85.  Any retail seller who violates this chapter shall be
liable to the buyer who returns the product for a refund, or credit
on credit purchases, if the product purchased has not been used in a
manner inconsistent with any printed instructions provided by the
seller.

1797.86.  Any violation of this chapter constitutes unfair
competition under Section 17200 of the Business and Professions Code,
grounds for rescission under Section 1689 of this code, and an
unfair method of competition or deceptive practice under Section 1770
of this code.

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