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Cal. Civ. Code § 1791.2

Definitions

Known as the Song-Beverly Consumer Warranty Act (Song-Beverly Act)

The act spans §§ 1790–1795 (48 sections).

Applied in 13 court decisions — leading case 234 Cal. App. 3d 205 - Krieger v. Nick Alexander Imports, Inc. (1991)

Most recently applied in 83 F. Supp. 3d 855 - T & M Solar & Air Conditioning, Inc. v. Lennox International Inc. (March 2015)

Amended by Stats. 1978, Ch. 991.

How often courts cite this section

1985199020002010201520
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.