SB 1326, as amended, Roth. Hearing aids: warranty: work order or receipt.
Existing law requires all new and used assistive devices sold at retail in this state to be accompanied by the retail seller’s written warranty which is required to contain specified language including, among other things, that the assistive device may be returned to the seller within 30 days of the date of the actual receipt by the buyer or completion of fitting by the seller, whichever occurs later.
This bill would, with respect to hearing aids, require all new and used hearing aids sold in this state to be accompanied by the retail seller’s written warranty which is required to contain specified language including, among other things, that if the device is not initially fit for the buyer’s particular needs, it may be returned to the seller withinbegin delete 30end deletebegin insert
45end insert days of the initial date of delivery to the buyer.
Existing law requires the warranty period relating to an implied or express warranty accompanying a sale or consignment for sale of consumer goods selling for $50 or more to automatically be tolled from the date upon which the buyer takes certain actions.
This bill would, with respect to hearing aids, require the warranty period to resume on the date upon which the repaired or serviced hearing aid is delivered to the buyer or 5 days after the buyer is notified that the hearing aid is repaired or serviced and is available for the buyer’s possession, whichever is earlier.
Existing law requires every manufacturer or seller of consumer goods selling for $50 or more to provide a receipt to the buyer showing the date of purchase. Existing law requires every manufacturer or seller performing warranty repairs or service on the goods to provide to the buyer a work order or receipt with the date of return and either the date the buyer was notified that the goods were repaired or serviced, as specified.
This bill would, with respect to hearing aids, require the seller, after receiving the hearing aid for warranty repairs or service, to provide at the time of delivery to the buyer a work order or receipt with the date the warranty period resumes and the revised expiration date of the warranty, as adjusted to reflect the suspension of the warranty period provided pursuant to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1793.02 of the Civil Code is amended
2to read:
(a) (1) Except as provided in paragraph (2), all new
4and used assistive devices sold at retail in this state shall be
5accompanied by the retail seller’s written warranty which shall
6contain the following language: “This assistive device is warranted
7to be specifically fit for the particular needs of you, the buyer. If
8the device is not specifically fit for your particular needs, it may
9be returned to the seller within 30 days of the date of actual receipt
10by you or completion of fitting by the seller, whichever occurs
11later. If you return the device, the seller will either adjust or replace
12the device or promptly refund the total amount paid. This warranty
13does not affect the protections and
remedies you have under other
14laws.” In lieu of the words “30 days” the retail seller may specify
15any longer period.
16(2) (A) All new and used hearing aids sold in this state shall
17be accompanied by the retail seller’s written warranty and shall
18contain the following language: “This hearing aid is warranted to
19be specifically fit for the particular needs of you, the buyer. If the
P3 1hearing aid is not initially fit for your particular needs, it may be
2returned to the seller withinbegin delete 30end deletebegin insert 45end insert days of the initial date of
3delivery to you. If you return the hearing aid, the seller will either
4adjust or replace the hearing aid or promptly refund the total
5amount paid.
This warranty does not affect the protections and
6remedies you have under other laws.”
7(B) In lieu of the wordsbegin delete “30end deletebegin insert end insertbegin insert“45end insert days” the retail seller may
8specify any longer period.
9(C) begin deleteThe end deletebegin insertOn the initial date of delivery, theend insert retailbegin delete seller’send deletebegin insert
seller
10shall revise theend insert written warrantybegin delete shallend deletebegin insert
toend insert include the initial date of
11delivery to the buyer of the hearing aid and expiration date of the
12warranty.
13(b) The language prescribed in subdivision (a) shall appear on
14the first page of the warranty in at least 10-point bold type. The
15warranty shall be delivered to the buyer at the time of the sale of
16the device.
17(c) If the buyer returns the device within the period specified
18in the written warranty, the seller shall, without charge and within
19a reasonable time, adjust the device or, if appropriate, replace it
20with a device that is specifically fit for the particular needs of the
21buyer. If the seller does not adjust or replace the device so that it
22is specifically fit for the particular needs of the buyer, the seller
23shall promptly
refund to the buyer the total amount paid, the
24transaction shall be deemed rescinded, and the seller shall promptly
25return to the buyer all payments and any assistive device or other
26consideration exchanged as part of the transaction and shall
27promptly cancel or cause to be canceled all contracts, instruments,
28and security agreements executed by the buyer in connection with
29the sale. When a sale is rescinded under this section, no charge,
30penalty, or other fee may be imposed in connection with the
31purchase, fitting, financing, or return of the device.
32(d) With respect to the retail sale of an assistive device to an
33individual, organization, or agency known by the seller to be
34purchasing for the ultimate user of the device, this section and
35subdivision (b) of Section 1792.2 shall be construed to require that
36the device be specifically fit
for the particular needs of the ultimate
37user.
38(e) This section and subdivision (b) of Section 1792.2 shall not
39apply to any of the following sales of assistive devices:
P4 1(1) A catalog or similar sale, as defined in subdivision (q) of
2Section 1791, except a sale of a hearing aid.
3(2) A sale which involves a retail sale price of less than fifteen
4dollars ($15).
5(3) A surgical implant performed by a physician and surgeon,
6or a restoration or dental prosthesis provided by a dentist.
7(f) The rights and remedies of the buyer under this section and
8subdivision (b) of Section 1792.2 are not subject to waiver under
9Section
1792.3. The rights and remedies of the buyer under this
10section and subdivision (b) of Section 1792.2 are cumulative, and
11shall not be construed to affect the obligations of the retail seller
12or any other party or to supplant the rights or remedies of the buyer
13under any other section of this chapter or under any other law or
14instrument.
15(g) Section 1795.5 shall not apply to a sale of used assistive
16devices, and for the purposes of the Song-Beverly Consumer
17Warranty Act the buyer of a used assistive device shall have the
18same rights and remedies as the buyer of a new assistive device.
19(h) The language in subdivision (a) shall not constitute an
20express warranty for purposes of Sections 1793.2 and 1793.3.
Section 1795.6 of the Civil Code is amended to read:
(a) (1) Except as provided in paragraph (2) warranty
23period relating to an implied or express warranty accompanying
24a sale or consignment for sale of consumer goods selling for fifty
25dollars ($50) or more shall automatically be tolled for the period
26from the date upon which the buyer either (1) delivers
27nonconforming goods to the manufacturer or seller for warranty
28repairs or service or (2), pursuant to subdivision (c) of Section
291793.2 or Section 1793.22, notifies the manufacturer or seller of
30the nonconformity of the goods up to, and including, the date upon
31which (1) the repaired or serviced goods are delivered to the buyer,
32(2) the buyer is notified the goods are repaired or serviced
and are
33available for the buyer’s possession or (3) the buyer is notified
34that repairs or service is completed, if repairs or service is made
35at the buyer’s residence.
36(2) With respect to hearing aids, the warranty period shall
37resume on the date upon which (1) the repaired or serviced hearing
38aid is delivered to the buyer or (2) five days after the buyer is
39notified the hearing aid is repaired or serviced and is available for
40the buyer’s possession, whichever is earlier.
P5 1(b) Notwithstanding the date or conditions set for the expiration
2of the warranty period, such warranty period shall not be deemed
3expired if either or both of the following situations occur: (1) after
4the buyer has satisfied the requirements of subdivision (a), the
5warranty repairs or service has not been performed due to
delays
6caused by circumstances beyond the control of the buyer or (2)
7the warranty repairs or service performed upon the nonconforming
8goods did not remedy the nonconformity for which such repairs
9or service was performed and the buyer notified the manufacturer
10or seller of this failure within 60 days after the repairs or service
11was completed. When the warranty repairs or service has been
12performed so as to remedy the nonconformity, the warranty period
13shall expire in accordance with its terms, including any extension
14to the warranty period for warranty repairs or service.
15(c) For purposes of this section only, “manufacturer” includes
16the manufacturer’s service or repair facility.
17(d) (1) Except as provided in paragraph (2), every manufacturer
18or seller of
consumer goods selling for fifty dollars ($50) or more
19shall provide a receipt to the buyer showing the date of purchase.
20Every manufacturer or seller performing warranty repairs or service
21on the goods shall provide to the buyer a work order or receipt
22with the date of return and either the date the buyer was notified
23that the goods were repaired or serviced or, where applicable, the
24date the goods were shipped or delivered to the buyer.
25(2) With respect to hearing aids, the seller, after receiving the
26hearing aid for warranty repairs or service, shall also provide at
27the time of delivery to the buyer a work order or receipt with the
28following: (1) the date the warranty period resumes and (2) the
29revised expiration date of the warranty, as adjusted to reflect the
30suspension of the warranty period provided under this
section.
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