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TABLE OF CHAPTER CONTENTS Chapter 3 MOBILEHOME WARRANTIES § 1797. Mobilehomes covered by warranty ........................................................... 147 § 1797.1. Definitions ................................................................................................. 147 § 1797.2. Application of warranty to manufacturer, contractor, and dealer .............. 147 § 1797.3. Required written warranty; Contents ........................................................ 147 § 1797.4. Additional rights and privileges; Prohibited waiver ................................... 147 § 1797.5. Display of copy of warranty ....................................................................... 148 § 1797.6. Records required to be kept ..................................................................... 148 § 1797.7. Deadline for correcting defects ................................................................. 148 136
CONSUMER WARRANTIES CONSUMER WARRANTY PROTECTION- MOBILEHOME WARRANTIES CIVIL CODE Division 3 Obligations Part 4 Obligations Arising from Particular Transactions Title 1.7 CONSUMER WARRANTIES Chapter 1 Consumer Warranty Protection Article 1 General Provisions § 1790. Title This chapter may be cited as the “Song–Beverly Consumer Warranty Act.” § 1790.1. Enforceability of waiver Any waiver by the buyer of consumer goods of the provisions of this chapter, except as expressly provided in this chapter, shall be deemed contrary to public policy and shall be unenforceable and void. § 1790.2. Severability If any provision of this chapter or the application thereof to any person or circumstance is held unconstitutional, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. § 1790.3. Construction in case of conflict with Commercial Code 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. § 1790.4. Cumulative remedies The remedies provided by this chapter are cumulative and shall not be construed as restricting any remedy that is otherwise available, and, in particular, shall not be construed to supplant the provisions of the Unfair Practices Act. Article 2 Definitions § 1791. Definitions As used in this chapter: (a) “Consumer goods” means any new product or part thereof that is used, bought, or leased for use primarily for personal, family, or household purposes, except for clothing and consumables. “Consumer goods” shall include new and used assistive devices sold at retail. (b) “Buyer” or “retail buyer” means any individual who buys consumer goods from a person engaged in the business of manufacturing, distributing, or selling consumer goods at retail. As used in this subdivision, “person” means any individual, partnership, corporation, limited liability company, association, or other legal entity that engages in any of these businesses. (c) “Clothing” means any wearing apparel, worn for any purpose, including under and outer garments, shoes, and accessories composed primarily of woven material, natural or synthetic yarn, fiber, or leather or similar fabric. (d) “Consumables” means any product that is intended for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and that usually is consumed or expended in the course of consumption or use. (e) “Distributor” means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods. (f) “Independent repair or service facility” or “independent service dealer” means any individual, partnership, corporation, association, or other legal entity, not an employee or subsidiary of a manufacturer or distributor, that engages in the business of servicing and repairing consumer goods. (g) “Lease” means any contract for the lease or bailment for the use of consumer goods by an individual, for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bears the risk of the consumer goods’ depreciation. (h) “Lessee” means an individual who leases consumer goods under a lease. (i) “Lessor” means a person who regularly leases consumer goods under a lease. (j) “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods. 137
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CALIFORNIA DEPARTMENT OF HOUSING AN
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