US-CaliforniaWhat warranties come with a new product I buy in California?
In California, new products come with implied warranties of merchantability and fitness for a particular purpose, plus any express warranties made by the seller. These protections apply automatically unless properly disclaimed.
What the Law Says
California law automatically gives consumers certain warranties when they buy new products — even if nothing is said or written about them at the time of sale.
California follows the Uniform Commercial Code (UCC), adopted in state law as the Commercial Code. Two key implied warranties apply to most new goods sold by merchants: the implied warranty of merchantability and the implied warranty of fitness for a particular purpose.
The implied warranty of merchantability means the product must be fit for ordinary use, adequately packaged and labeled, and conform to promises on the label or packaging. The implied warranty of fitness applies when the seller knows the buyer is relying on their expertise to select a product for a specific use.
Sellers may also make express warranties — oral or written promises about the product’s quality, performance, or durability. Once made, these become part of the sales agreement.
These warranties last for a reasonable time — often interpreted as up to four years under the UCC — but claims for breach must generally be filed within two years of discovering the problem, per California’s commercial code.
Statutory TextA warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
— Cal. Com. Code § 2314 — Implied warranty: merchantability; usage of trade
Statutory TextWhere the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
— Cal. Com. Code § 2315 — Implied warranty: fitness for particular purpose
Statutory TextAn express warranty is created by any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain.
— Cal. Com. Code § 2313 — Express warranties by affirmation, promise, description, sample
What to Do
Keep your receipt and any written materials (manuals, ads, or promises) that describe the product’s features or performance.
If the product breaks or fails to perform as promised, notify the seller or manufacturer promptly in writing.
Request repair, replacement, or refund — you’re entitled to a remedy if the warranty is breached.
If unresolved, file a claim in small claims court (up to $12,500) or consult a consumer attorney.
Remember: implied warranties can’t be fully waived for consumer goods — any disclaimer must be conspicuous and meet strict legal standards.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.