Implied Warranty of Merchantability California
"In California, an implied warranty of merchantability arises under the Song-Beverly Consumer Warranty Act: 'Unless disclaimed in the manner prescribed by this chapter, every sale of consumer goods that are sold at retail in this state shall be accompanied by the manufacturer's and the retail seller's implied warranty that the goods are merchantable." ( 1792.)
The '"implied warranty of merchantability" or "implied warranty that goods are merchantable" means that the consumer goods meet each of the following:
(1) Pass without objection in the trade under the contract description.
(2) Are fit for the ordinary purposes for which such goods are used. ...' ( 1791.1, subd. (a).)
The Act provides a right of action for a buyer to recover damages and other relief when there has been a breach of the implied warranty of merchantability. ( 1794, subd. (a).)" (Isip v. Mercedes-Benz USA, LLC Isip (2007) 155 Cal. App. 4th 19, 24-25 (Isip).)