合同与履行第 728 / 1632 题

A valid service and repair contract must still give the buyer:

a.Free service calls for the twelve months following completion of the repair
b.A written warranty of at least twenty-five years on the completed work
c.Notice of the right to cancel and the required consumer disclosures
d.A refund of twice the price if the repair is unsatisfactory

解析

Even a conforming service and repair contract carries its own mandatory set of terms under B&P §7159.10(d)-(e): the 'Service and Repair' heading in 10-point boldface, the 12-point boldface Notice to the Buyer listing the four qualifying conditions, the commercial general liability and workers' compensation notices, the contract price in dollars and cents, a description of the project and materials, the offer to return replaced parts, and the boldface 'YOUR RIGHTS TO CANCEL BEFORE WORK BEGINS' statement dated and signed by the buyer. What §7159.10(c) does is substitute this shorter list for the full §7159 home improvement set — it does not strip the buyer's disclosures. (a), (b) and (d) each invent a commercial remedy; the license law regulates the paper and the timing of payment, not the terms of the deal.

法律依据: Bus. & Prof. Code §7159.10(c)-(e)

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