You bought equipment that failed in a month, inventory that arrived defective, or software-embedded hardware that never performed as promised. The seller points to fine print and shrugs. California warranty law — the Commercial Code for goods generally, plus the Song-Beverly Act for consumer purchases — gives buyers real remedies, but the claims come with traps that quietly kill them: unnoticed disclaimers, missed notice requirements, and a statute of limitations that starts running earlier than most people think.
Express warranties: promises that become part of the deal
Under Commercial Code § 2313, an express warranty is created by any affirmation of fact or promise about the goods that becomes part of the basis of the bargain, by a description of the goods, or by a sample or model. No magic words are required — the seller never has to use the word "warranty." Spec sheets, proposals, catalog descriptions, and statements by the sales team can all create express warranties. The line is between affirmations of fact ("this pump moves 500 gallons per minute") and mere puffery ("this is a great pump"), which creates no warranty. Because the promise defines the claim, the paper trail from the sales process is often the whole case — preserve the emails, quotes, and marketing materials.
Implied warranties: the default promises the law adds
Two warranties arise by operation of law:
- Merchantability (§ 2314). When the seller is a merchant in goods of that kind, the goods must be fit for their ordinary purposes, pass without objection in the trade, and be adequately packaged and labeled. This is the baseline "it has to actually work" warranty.
- Fitness for a particular purpose (§ 2315). When the seller has reason to know the buyer's specific purpose and that the buyer is relying on the seller's skill or judgment to select suitable goods, the goods must be fit for that purpose. This one turns on the pre-sale conversation: if you told the vendor exactly what you needed it to do, § 2315 may hold them to it.
Sellers can disclaim implied warranties under § 2316, but only within limits — a merchantability disclaimer must mention merchantability and, if written, be conspicuous, and "as is" language must be understood in context. Commercial contracts also commonly limit remedies to repair-or-replace; if that limited remedy fails of its essential purpose, broader remedies can revive.
Consumer goods: Song-Beverly changes the game
For consumer goods bought at retail in California, the Song-Beverly Consumer Warranty Act (Civ. Code § 1790 et seq.) layers on protections the Commercial Code does not provide. Its implied warranty of merchantability generally cannot be waived except through a compliant "as is" or "with all faults" sale, and an express written warranty cannot disclaim implied warranties, although it may limit their duration within statutory bounds. If a manufacturer cannot repair a product to conform to its express warranty after a reasonable number of attempts, it must replace the product or refund the price. Song-Beverly is best known as California's "lemon law" for vehicles, but it applies to consumer goods generally — and it awards a prevailing buyer attorney fees, plus a civil penalty of up to twice actual damages for willful violations. That fee-shifting is why consumer warranty cases are economically viable even for modestly priced products.
The traps: notice, privity, and the clock
Three procedural rules defeat more warranty claims than the merits ever do:
- Notice. Under § 2607, a buyer must notify the seller of breach within a reasonable time after discovering, or when the buyer should have discovered, it or be barred from any remedy. Send written notice describing the defect promptly, and keep proof.
- Privity. Implied warranty claims under the Commercial Code traditionally require a contractual relationship with the defendant, which complicates suits against remote manufacturers — though exceptions and Song-Beverly's structure soften this for consumers.
- The four-year clock. Section 2725 gives four years from tender of delivery — not from discovery of the defect — unless the warranty explicitly extends to future performance. A latent defect discovered in year five is usually too late.
Warranty claims also rarely travel alone: the same facts often support breach of contract, negligent misrepresentation, or fraud claims with different deadlines and damages. Sequencing the demand, the notice, and the complaint correctly is where our civil litigation practice starts — and if you are the seller, tightening your disclaimers and remedy limits is a job for contract counsel before the next sale, not after.
Talk to a California business attorney
If goods you bought failed to live up to the promises — or a buyer is threatening a warranty claim over goods you sold — the notice and limitations rules reward acting quickly. Schedule a free consultation or call (949) 418-2113.
This article is attorney advertising and provides general information only. It is not legal advice and does not create an attorney–client relationship. The law changes, and this article reflects the law as of its publication date. Every situation is different — contact us to discuss how the law applies to your exact circumstances. See our full disclaimer.
