Revision: Dec. 10, 2009, midnight
HB 1560 – AS INTRODUCED
2010 SESSION
09/01
HOUSE BILL 1560
AN ACT prohibiting sellers of consumer goods from excluding or limiting implied warranties through disclaimers.
SPONSORS: Rep. Moran, Hills 18
COMMITTEE: Commerce and Consumer Affairs
This bill prohibits sellers of consumer goods from excluding or limiting implied warranties through disclaimers.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2396
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT prohibiting sellers of consumer goods from excluding or limiting implied warranties through disclaimers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Uniform Commercial Code; Exclusion or Modification of Warranties. RSA 382-A:2-316(4) and (5) is repealed and reenacted to read as follows:
(4) Remedies for breach of warranty can be limited in accordance with the provisions of this Article on liquidation or limitation of damages and on contractual modification of remedy (sections 2-718 and 2-719).
(5) The provisions of subsections (2), (3), and (4) do not apply to sales of consumer goods or services. Any language, oral or written, used by a seller or manufacturer of consumer goods and services that attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify the consumer's remedies for breach of those warranties is unenforceable. Any language, oral or written, used by a prior seller or manufacturer of consumer goods and services that attempts to exclude or modify the warranty or reimbursement remedy of a retail seller of consumer goods and services who provides reimbursement or return to a consumer as required to honor an implied warranty of merchantability due to a defect for which that prior seller or manufacturer is liable under section 2-314 or 2-315 is unenforceable. Consumer goods and services are those new or used goods and services, including mobile homes, that are used or bought primarily for personal, family, or household purposes.
(a) A violation of section 2-314, 2-315, or 2-316 arising from the retail sale of consumer goods and services constitutes a violation of RSA 358-A.
(b) A violation of section 2-316 arising from an attempt by a prior seller or manufacturer of consumer goods and services to exclude or modify the warranty or reimbursement remedy of a retail seller of consumer goods and services who provides reimbursement or return to a consumer as required to honor an implied warranty of merchantability due to a defect for which that prior seller or manufacturer is liable under section 2-314 or 2-315 does not constitute a violation of RSA 358-A.
2 Effective Date. This act shall take effect January 1, 2011.