| California Lemon Law Civil Code Sec. 1793.2 (ca lemon law)
1793.2. (a) Every manufacturer of consumer goods sold in this state
and for which the manufacturer has made an express warranty shall:
(1) (A) Maintain in this state sufficient service and repair
facilities reasonably close to all areas where its consumer goods are
sold to carry out the terms of those warranties or designate and
authorize in this state as service and repair facilities independent
repair or service facilities reasonably close to all areas where its
consumer goods are sold to carry out the terms of the warranties.
(B) As a means of complying with this paragraph, a manufacturer
may enter into warranty service contracts with independent service
and repair facilities. The warranty service contracts may provide
for a fixed schedule of rates to be charged for warranty service or
warranty repair work. However, the rates fixed by those contracts
shall be in conformity with the requirements of subdivision (c) of
Section 1793.3. The rates established pursuant to subdivision (c) of
Section 1793.3, between the manufacturer and the independent service
and repair facility, shall not preclude a good faith discount which
is reasonably related to reduced credit and general overhead cost
factors arising from the manufacturer's payment of warranty charges
direct to the independent service and repair facility. The warranty
service contracts authorized by this paragraph shall not be executed
to cover a period of time in excess of one year, and may be renewed
only by a separate, new contract or letter of agreement between the
manufacturer and the independent service and repair facility.
(2) In the event of a failure to comply with paragraph (1) of this
subdivision, be subject to Section 1793.5.
(3) Make available to authorized service and repair facilities
sufficient service literature and replacement parts to effect repairs
during the express warranty period.
(b) Where those service and repair facilities are maintained in
this state and service or repair of the goods is necessary because
they do not conform with the applicable express warranties, service
and repair shall be commenced within a reasonable time by the
manufacturer or its representative in this state. Unless the buyer
agrees in writing to the contrary, the goods shall be serviced or
repaired so as to conform to the applicable warranties within 30
days. Delay caused by conditions beyond the control of the
manufacturer or his representatives shall serve to extend this 30-day
requirement. Where delay arises, conforming goods shall be
tendered as soon as possible following termination of the condition
giving rise to the delay.
(c) The buyer shall deliver nonconforming goods to the
manufacturer's service and repair facility within this state, unless,
due to reasons of size and weight, or method of attachment, or
method of installation, or nature of the nonconformity, delivery
cannot reasonably be accomplished. If the buyer cannot return the
nonconforming goods for any of these reasons, he or she shall notify
the manufacturer or its nearest service and repair facility within
the state. Written notice of nonconformity to the manufacturer or
its service and repair facility shall constitute return of the goods
for purposes of this section. Upon receipt of that notice of
nonconformity, the manufacturer shall, at its option, service or
repair the goods at the buyer's residence, or pick up the goods for
service and repair, or arrange for transporting the goods to its
service and repair facility. All reasonable costs of transporting
the goods when a buyer cannot return them for any of the above
reasons shall be at the manufacturer's expense. The reasonable costs
of transporting nonconforming goods after delivery to the service
and repair facility until return of the goods to the buyer shall be
at the manufacturer's expense.
(d) (1) Except as provided in paragraph (2), if the manufacturer
or its representative in this state does not service or repair the
goods to conform to the applicable express warranties after a
reasonable number of attempts, the manufacturer shall either replace
the goods or reimburse the buyer in an amount equal to the purchase
price paid by the buyer, less that amount directly attributable to
use by the buyer prior to the discovery of the nonconformity.
(2) If the manufacturer or its representative in this state is
unable to service or repair a new motor vehicle, as that term is
defined in paragraph (2) of subdivision (e) of Section 1793.22, to
conform to the applicable express warranties after a reasonable
number of attempts, the manufacturer shall either promptly replace
the new motor vehicle in accordance with subparagraph (A) or promptly
make restitution to the buyer in accordance with subparagraph (B).
However, the buyer shall be free to elect restitution in lieu of
replacement, and in no event shall the buyer be required by the
manufacturer to accept a replacement vehicle.
(A) In the case of replacement, the manufacturer shall replace the
buyer's vehicle with a new motor vehicle substantially identical to
the vehicle replaced. The replacement vehicle shall be accompanied
by all express and implied warranties that normally accompany new
motor vehicles of that specific kind. The manufacturer also shall
pay for, or to, the buyer the amount of any sales or use tax, license
fees, registration fees, and other official fees which the buyer is
obligated to pay in connection with the replacement, plus any
incidental damages to which the buyer is entitled under Section 1794,
including, but not limited to, reasonable repair, towing, and rental
car costs actually incurred by the buyer.
(B) In the case of restitution, the manufacturer shall make
restitution in an amount equal to the actual price paid or payable by
the buyer, including any charges for transportation and
manufacturer-installed options, but excluding nonmanufacturer items
installed by a dealer or the buyer, and including any collateral
charges such as sales tax, license fees, registration fees, and other
official fees, plus any incidental damages to which the buyer is
entitled under Section 1794, including, but not limited to,
reasonable repair, towing, and rental car costs actually incurred by
the buyer.
(C) When the manufacturer replaces the new motor vehicle pursuant
to subparagraph (A), the buyer shall only be liable to pay the
manufacturer an amount directly attributable to use by the buyer of
the replaced vehicle prior to the time the buyer first delivered the
vehicle to the manufacturer or distributor, or its authorized service
and repair facility for correction of the problem that gave rise to
the nonconformity. When restitution is made pursuant to subparagraph
(B), the amount to be paid by the manufacturer to the buyer may be
reduced by the manufacturer by that amount directly attributable to
use by the buyer prior to the time the buyer first delivered the
vehicle to the manufacturer or distributor, or its authorized service
and repair facility for correction of the problem that gave rise to
the nonconformity. The amount directly attributable to use by the
buyer shall be determined by multiplying the actual price of the new
motor vehicle paid or payable by the buyer, including any charges for
transportation and manufacturer-installed options, by a fraction
having as its denominator 120,000 and having as its numerator the
number of miles traveled by the new motor vehicle prior to the time
the buyer first delivered the vehicle to the manufacturer or
distributor, or its authorized service and repair facility for
correction of the problem that gave rise to the nonconformity.
Nothing in this paragraph shall in any way limit the rights or
remedies available to the buyer under any other law.
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