Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Where a warrantor must provide more than one warranty pursuant to sections
7830.5
through
7830.8
of this Part, he may include all such warranties in a single written document
or provide separate warranty documents conforming to the requirements of each
above referenced section that is applicable.
(b) Warranty terms. The full warranties
required by sections
7830.5
through
7830.8
of this Part and any additional express warranties made shall be in writing and
shall clearly and conspicuously disclose the following information in readily
understood language:
(1) the identity of
persons to whom the warranty is extended;
(2) a clear description and identification of
products, parts, characteristics, components or properties covered by the
warranty;
(3) a statement of what
the warrantor will do in the event of a defect, malfunction or failure, as
provided in subdivision (c) of this section;
(4) the point in time the warranty term
commences and the warranty duration;
(5) a step-by-step procedure which the
customer should follow in order to obtain performance of warranty obligations,
including a list of the class of persons authorized to perform such warranty
obligations;
(6) if applicable,
information concerning the availability of an informal dispute settlement
mechanism which the consumer is required to use;
(7) if applicable, any exclusion or
limitation on incidental or consequential damages, and a statement in the
following language: "Some states do not allow the exclusion of limitation of
incidental or consequential damages, so the above limitation or exclusion may
not apply to you"; and
(8) a
statement in the following language: "This warranty gives you specific legal
rights, and you may also have other legal rights that vary from state to
state."
(c) Duties of
warrantors. Any person required to give a full warranty pursuant to sections
7830.5
through
7830.8
of this Part shall be subject to the following duties:
(1) In the case of a defect, malfunction or
failure of the solar thermal system to conform with the express warranty, the
warrantor must repair or replace the solar thermal system within a reasonable
time and without charge.
(2) If the
solar thermal system contains a defect or malfunction after a reasonable number
of attempts by the warrantor to remedy defects or malfunctions, the warrantor
must permit the customer to elect a refund, or a replacement of the system or
component, as appropriate, which shall include reinstallation without
charge.
(3) The performance of the
duties specified in paragraphs (1) and (2) of this subdivision shall not be
required if the warrantor can show that the defect, malfunction or failure was
caused by unreasonable use or, with respect to warranties made by the system
manufacturer or seller, that the defect, malfunction or failure resulted from
improper or faulty installation of the system.
(4) The warrantor may not require a customer
to return a warranty registration card as a prerequisite of warranty coverage
and performance, or impose any other duty as a condition of obtaining a remedy,
unless the warrantor can demonstrate such other duty is reasonable.
(5) The warrantor may not impose any
limitation on the duration of any implied warranty on the solar thermal
system.
(6) The warrantor shall
extend the warranty obligations during the duration of the express warranty to
any person to whom the solar thermal system, or the building on which such
system is installed, is transferred.
