• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Max duration of implied warranty in California?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

jaakko

Junior Member
What is the name of your state? California
Hi,

I would like to know the maximum possible duraction of implied warranty in consumer contract when there is no express warranty given in California?
Is it one year or 4 years?

I ask this question, because I think that there are 2 conflicting laws on this issue:
According to California Civil Code (1791.1 (c)) the implied warranty could last
from 60 days to 1 year and According to California Commercial Code (UCC) (2725 (1-2)) implied warranty could last from 1 year to 4 years.
Eventhough Civil code´s (1790.3) provisions in conflict should supersede Commercial codes (ucc) provisions, it would seem strange if more protective provisions of Commercial code would be replaced by Civil Code's less protective provisions.

California Civil Code 1791.1 (c):
"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."

California Civil Code 1790.3:
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.

California Commercial Code 2725 (1-2):
2725. (1) An action for breach of any contract for sale must be
commenced within four years after the cause of action has accrued.
By the original agreement the parties may reduce the period of
limitation to not less than one year but may not extend it.
(2) A cause of action accrues when the breach occurs, regardless
of the aggrieved party's lack of knowledge of the breach. A breach
of warranty occurs when tender of delivery is made, except that where
a warranty explicitly extends to future performance of the goods and
discovery of the breach must await the time of such performance the
cause of action accrues when the breach is or should have been
discovered.
 
Last edited:



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top