Glossary of terms relating to lemon law
The following definitions are found in Civil Code Section 1791-1791.3
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.
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 such business.
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.
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.
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.
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.
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.
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.
Lessee
means an individual who leases consumer goods under
a lease.
Lessor
means a person who regularly leases consumer goods
under a lease.
Manufacturer
means any individual, partnership, corporation,
association, or other legal relationship that manufactures, assembles, or produces consumer goods.
Service contract
means a contract in writing to perform, for an
additional cost, over a fixed period of time or for a specified duration, services relating to the maintenance,
replacement, or repair of a consumer product, except that this term does not include a policy of automobile insurance,
as defined in Section 116 of the Insurance Code.
|
