Excerpts from the California Song-Beverly Consumer Warranty Act
[This Act applies, generally, to new consumer products, that is new products that are
used, bought, or leased primarily for personal, family, or household use.]
Cal. Civ. Code 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 this chapter, the provisions of this chapter shall
prevail.
Cal. Civ. Code 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 the goods which clearly informs the
buyer, prior to the sale, in simple and concise language of each of the following:
(1) The goods are being sold on an "as is" or "with all
faults" basis.
(2) The entire risk as to the quality and performance of the goods is
with the buyer.
(3) Should the goods prove defective following their purchase, the
buyer and not the manufacturer, distributor, or retailer assumes the entire cost of all
necessary servicing or repair.
(b) In the event of sale of consumer goods by means of a mail order
catalog, the catalog offering such goods shall contain the required writing as to each
item so offered in lieu of the requirement of notification prior to the sale.