Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-1163 Consumer warranty protection: express warranties.(2019-2020)



As Amends the Law Today


SECTION 1.

 Section 1793.03 of the Civil Code is amended to read:

1793.03.
 (a) Every manufacturer making an express warranty with respect to an  equipment or other  electronic or appliance product products  described in subdivision (h), (i), (j), or (k) (k), (l), (m), (n), or (o)  of Section 9801 of the Business and Professions Code, with a wholesale price to the retailer of not less than fifty dollars ($50) and not more than ninety-nine dollars and ninety-nine cents ($99.99), shall make available to owners of the equipment or products, to  service and repair facilities sufficient service literature and functional parts  facilities, and to service dealers, as defined in subdivision (f) of Section 9801 of the Business and Professions Code, sufficient service literature, at no charge, and functional parts, on fair and reasonable terms,  to effect the repair of a product for at least three years after the date a product model or type was manufactured, regardless of whether the three-year period exceeds the warranty period for the product.
(b) Every manufacturer making an express warranty with respect to an  equipment or other  electronic or appliance product products  described in subdivision (h), (i), (j), or (k) (k), (l), (m), (n), or (o)  of Section 9801 of the Business and Professions Code, with a wholesale price to the retailer of one hundred dollars ($100) or more, shall make available to owners of the equipment or products, to  service and repair facilities sufficient service literature and functional parts  facilities, and to service dealers, as defined in subdivision (f) of Section 9801 of the Business and Professions Code, sufficient service literature, at no charge, and functional parts, on fair and reasonable terms,  to effect the repair of a product for at least seven years after the date a product model or type was manufactured, regardless of whether the seven-year period exceeds the warranty period for the product product. 
(c) This section shall not be construed to require a manufacturer to divulge a trade secret.
(d) For the purposes of this section:
(1) “Fair and reasonable terms” means that the costs and terms, including convenience of delivery, and including rights of use, are equivalent to what is offered by the original equipment or other electronic or appliance manufacturer to an authorized service dealer.
(2) “Trade secret” means anything tangible or intangible or electronically stored or kept that constitutes, represents, evidences, or records intellectual property including secret or confidentially held designs, processes, procedures, formulas, inventions or improvements, secrets of confidentially held scientific, technical, merchandising, production, financial, business, or management information, or anything within the definition of Section 1839(3) of Title 18 of the United States Code.