Legal Question in Business Law in California

Obsoleting equipment repair parts

I have heard that there is a law that says if a company obsoletes something, say a welding torch, they have to be able to supply repair parts for 5-7 years, or can they knowlingly sell obsolete items, where if it breaks in a week you are out of luck ??

Thanks


Asked on 8/30/06, 8:36 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Obsoleting equipment repair parts

I do not know of such a California law, and a quick search using WestLaw does not reveal and cases or statutes ebracing such a concept.

I believe I have heard of a Federal law imposing a spare-parts availability requirement upon certain classes of manufactured products, perhaps automobiles. I further believe that the Congress and the state Legislature could not pass a general spare-parts availability law that would be Constitutional. Such laws as exist are probably not mandatory, but merely state something like "If you want to sell any of your cars to Uncle Sam, you have to guarantee seven years of replacement parts" or the like.

On the other hand, I suppose individual instances of abrupt model changing could be attacked in the courts as unfair competition or maybe on other grounds.

The long and the short of it is that as far as I know and as far as I could determine based upon limited research, there is no such state law in California, nor did I find any Federal decisions suggesting that there is a Federal law of general applicability on this subject.

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Answered on 8/31/06, 1:11 am


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