Chapter 329
2011 -- S 0506 AS AMENDED
Enacted 07/13/11
A N A C T
RELATING TO
UNIFORM COMMERCIAL CODE -- SALES
Introduced By: Senator Dawson T. Hodgson
Date Introduced: March 10, 2011
It is enacted by the
General Assembly as follows:
SECTION 1. Section 6A-2-329 of the General Laws in Chapter
6A-2 entitled "Sales" is
hereby amended to read as follows:
6A-2-329. Servicing of warranties. -- (1)
Definition of terms. - (a) "Consumer sale"
means a sale of new goods, or as regards an express
warranty, any goods, purchased primarily for
personal, family, or household purposes, and not for
agricultural or business purposes.
(b) "New
goods" means those goods which are purchased for the first time other than
for
purposes of resale.
(2) Implied warranties.
- (a) Unless disclaimed in the manner prescribed in
subsection
(2)(b) of this section, every
consumer sale in this state shall be accompanied by an implied
warranty that the goods are merchantable, and, in a consumer
sale where the seller has reason to
know that the goods are required for a particular purpose
and the buyer is relying on the seller's
skill or judgment to select or furnish suitable goods, an
implied warranty of fitness.
(b) Disclaimer. - No
consumer sale on an "as is" or "with all faults" basis
shall be
effective to disclaim the implied warranty of merchantability,
or, where applicable, the implied
warranty of fitness, unless a conspicuous writing clearly
informs the buyer, prior to the sale, in
simple and concise language each of the following:
(i)
The goods are being sold on an "as is" or "with all faults"
basis; and
(ii) The entire risk as
to the quality and performance of the goods is with the buyer.
(c) In the event of a
consumer sale by means of a mail order catalog, the catalog may
contain the required writing in lieu of the notification in
writing.
(3) Express warranties.
- (a) Disclaimers. No express warranty arising out of
a consumer
sale of new goods shall disclaim implied warranties of
merchantability, or, where applicable, of
fitness.
(b) Honoring of express
warranties. - The maker of an express warranty arising out of a
consumer sale in this state shall designate a representative
in the
or repairs under the warranty. In a consumer sale, the
manufacturer shall honor an express
warranty made by the manufacturer; the distributor shall honor
an express warranty made by the
distributor; and the retail seller shall honor an express
warranty made by the retail seller.
(c) Liability of
manufacturer. - Every manufacturer, whether domestic or foreign, who
makes an express warranty pursuant to a consumer sale shall
designate a representative within the
state to provide services or repairs under the terms of the
express warranty. Further, the
manufacturer must make parts available to the representative
within thirty (30) days of receipt of
the order by the manufacturer. Provided, however, delay
caused by conditions beyond the control
of the manufacturer such as, by way of example but not
limited to, labor disputes, act of God, or
transit strike shall serve to extend this thirty (30) day
requirement. Where such delays arise,
conforming goods shall be tendered to the representative as soon
as possible following
termination of the condition giving rise to the delay.
(d) Liability of
manufacturers - Every manufacturer, and in the case of every distributor
of marine engines, boats and accessories thereto who makes an express warranty pursuant to a
consumer sale, and who designates a representative within this
state to provide sale and service
under the terms of the express warranty, shall be liable to
the representative in the amount equal
to that which is charged by the representative for like
service and repairs rendered to retail
consumers who are not entitled to warranty protection. This
equality of charges shall apply both
to labor and parts used.
(e) Service information
and parts availability. - Any manufacturer whether domestic or
foreign selling in this state must have adequate service
information and replacement parts
available to service facilities to effect repair, and restore
to operating condition. Manufacturers
will have such service information and parts available
from distributors.
(f) Liability of the
designated representative to the consumer and manufacturer. - Every
designated representative who performs service or makes repairs
to a product under the terms of
the express warranty, shall provide services or make
repairs in a manner fully consistent with that
service or repair which would be made if the consumer were
not entitled to warranty protection.
The representative or service repairperson who
performs the service shall do so within thirty (30)
days of receipt of the item to be repaired, if in fact,
the representative or service repairperson has
the part in stock. In the event the representative or
service repairperson does not have the part
available then he or she must so notify the consumer of this
fact and must order the part within
two (2) days of receipt of the item to be repaired, and
upon receipt of the part from the
manufacturer must complete the repairs within ten (10) days thereafter,
unless the buyer agrees to
the contrary. Delays caused by conditions beyond the
control of the representative or service
repairman such as by way of example, but not limited to, labor
disputes, acts of God, or transit
strikes shall serve to extend the aforementioned time limits.
Where such delays arise the repairs
shall be performed as soon as possible following
termination of the conditions giving rise to the
delay.
(4) Facilities. - (a) Wherever competent repair or service facilities are available
within
the state of
warranty repair or service performed within the state of
(b) This shall not be
construed to exclude use of facilities outside the state of Rhode
Island where acceptable to all parties.
(5) Service information
and parts availability. - Any manufacturer selling in this state
must have adequate service information and replacement
parts available to warranty stations and
independent service facilities, to effect repair and restore to
operating condition. The service
information and parts availability shall continue for a period of
not less than four (4) years from
the date of last sale of any given model or type. The service
information and parts shall be
available within the state of
(6) Penalties. - Any
person, firm, or corporation failing to comply with any provision of
this section shall be liable for a fine of twenty-five
dollars ($25.00) a day for every day of
noncompliance and/or be liable to the consumer for replacement of
the item to be repaired.
Prosecution under the provisions of this section shall
be brought by the attorney general's
department in the appropriate division of the district court of
the state of
(7) Severability of
provisions. - If any provision of this section, or application thereof to
any person or circumstances, is held unconstitutional or
otherwise invalid, the remaining
provisions of this section and the application of the provisions
to other persons or circumstances,
other than those to which it is held invalid, shall not be
affected thereby.
SECTION 2. This act shall take effect upon passage.
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LC01371
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