CACI No. 3212. Duration of Implied Warranty

Judicial Council of California Civil Jury Instructions (2020 edition)

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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].
New September 2003
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
• Duration of Implied Warranties. Civil Code section 1791.1(c).
• Tolling of Warranty Period for Nonconforming Goods. Civil Code section
1795.6.
• Distributor or Seller of Used Consumer Goods. Civil Code section 1795.5.
• “On appeal, [defendants] concede that the duration provision is not a statute of
limitations and that the applicable statute of limitations is four years. They argue,
however, that the judgment can be affirmed on other grounds. Among other
arguments, they contend that the duration provision of the Song-Beverly Act
should be interpreted as barring an action for breach of the implied warranty of
merchantability when the purchaser fails to discover and report the defect to the
seller within the time period specified in that provision. We reject this argument
because the plain language of the statute, particularly in light of the consumer
protection policies supporting the Song-Beverly Act, make clear that the statute
merely creates a limited, prospective duration for the implied warranty of
merchantability; it does not create a deadline for discovering latent defects or for
giving notice to the seller.” (Mexia v. Rinker Boat Co., Inc. (2009) 174
Cal.App.4th 1297, 1301 [95 Cal.Rptr.3d 285].)
Secondary Sources
4 Witkin, Summary of California Law (10th ed. 2005) Sales, § 325
1 California UCC Sales & Leases (Cont.Ed.Bar) Warranties, § 3.17
44 California Forms of Pleading and Practice, Ch. 502, Sales: Warranties,
§§ 502.51-502.52 (Matthew Bender)
453
Copyright Judicial Council of California
20 California Points and Authorities, Ch. 206, Sales, § 206.117 (Matthew Bender)
5 California Civil Practice: Business Litigation § 53:7 (Thomson Reuters)
3213-3219. Reserved for Future Use
CACI No. 3212 SONG-BEVERLY CONSUMER WARRANTY ACT
454
Copyright Judicial Council of California

© Judicial Council of California.