California Civil Jury Instructions (CACI)
3212. Duration of Implied Warranty
An implied warranty is in effect for one year after the sale of the [consumer good], unless a shorter period is stated in a writing that comes with the [consumer good], provided that the shorter period is reasonable. In no event will an implied warranty be in effect for less than 60 days.
[The time period of an implied warranty is lengthened by the number of days that the [consumer good] was made available by [name of plaintiff] for repairs under the warranty, including any delays caused by circumstances beyond [name of plaintiff]'s control].
Directions for Use
If the consumer goods at issue are not new, the instruction must be modified to reflect the shorter implied warranty period provided in Civil Code section 1795.5(c) (i.e., no less than 30 days but no more than three months).
Sources and Authority
Civil Code section 1791.1(c) provides: "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."
Civil Code section 1795.6 provides, in part:
(a) Every warranty period relating to an implied . . . warranty accompanying a sale or consignment for sale of consumer goods selling for fifty dollars ($50) or more shall automatically be tolled for the period from the date upon which the buyer either (1) delivers nonconforming oods to the manufacturer or seller for warranty repairs or service or (2), pursuant to subdivision (c) of Section 1793.2 or Section 1793.22, notifies the manufacturer or seller of the nonconformity of the goods up to, and including, the date upon which (1) the repaired or serviced goods are delivered to the buyer, (2) the buyer is notified the goods are repaired or serviced and are available for the buyer's possession or (3) the buyer is notified that repairs or service is completed, if repairs or service is made at the buyer's residence.
(b) Notwithstanding the date or conditions set for the expiration of the warranty period, such warranty period shall not be deemed expired if . . . : (1) after the buyer has satisfied the requirements of subdivision (a), the warranty repairs or service has not been performed due to delays caused by circumstances beyond the control of the buyer or (2) the warranty repairs or service performed upon the nonconforming goods did not remedy the nonconformity for which such repairs or service was performed and the buyer notified the manufacturer or seller of this failure within 60 days after the repairs or service was completed. When the warranty repairs or service has been performed so as to remedy the nonconformity, the warranty period shall expire in accordance with its terms, including any extension to the warranty period for warranty repairs or service.
Civil Code section 1795.5 provides, in part: "[T]he obligation of a distributor or retail seller of used consumer goods in a sale in which an express warranty is given shall be the same as that imposed on manufacturers under [the act] except: . . . [t]he duration of the implied warranty of merchantability and where present the implied warranty of fitness with respect to used consumer goods sold in this state, where the sale is accompanied by an express warranty, 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 warranties have a duration of less than 30 days nor more than three months following the sale of used consumer goods to a retail buyer. Where no duration for an express warranty is stated with respect to such goods, or parts thereof, the duration of the implied warranties shall be the maximum period prescribed above."
3 Witkin, Summary of California Law (9th ed. 1987) Sales, § 309
1 California UCC Sales & Leases (Cont.Ed.Bar 2002) Warranties, § 3.17
44 California Forms of Pleading and Practice, Ch. 502, Sales: Warranties, §§ 502.51-502.52 (Matthew Bender)
20 California Points and Authorities, Ch. 206, Sales (Matthew Bender)
5 Bancroft-Whitney's California Civil Practice: Business Litigation (1993) Consumer Warranties, § 53:7, pp. 12-13
(New September 2003)