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California Civil Code Section 1722

Legal Research Home > California Laws > Civil Code > California Civil Code Section 1722

1722.  (a) (1) Whenever a contract is entered into between a
consumer and a retailer with 25 or more employees relating to the
sale of merchandise which is to be delivered by the retailer or the
retailer's agent to the consumer at a later date, and the parties
have agreed that the presence of the consumer is required at the time
of delivery, the retailer and the consumer shall agree, either at
the time of the sale or at a later date prior to the delivery date,
on a four-hour time period within which any delivery shall be made.
Whenever a contract is entered into between a consumer and a retailer
with 25 or more employees for service or repair of merchandise,
whether or not the merchandise was sold by the retailer to the
consumer, and the parties have agreed that the presence of the
consumer is required at the time of service or repair, upon receipt
of a request for service or repair under the contract, the retailer
and the consumer shall agree, prior to the date of service or repair,
on a four-hour period within which the service or repair shall be
commenced. Once a delivery, service, or repair time is established,
the retailer or the retailer's agent shall deliver the merchandise to
the consumer, or commence service or repair of the merchandise,
within that four-hour period.
   (2) If the merchandise is not delivered, or service or repair are
not commenced, within the specified four-hour period, except for
delays caused by unforeseen or unavoidable occurrences beyond the
control of the retailer, the consumer may bring an action in small
claims court against the retailer for lost wages, expenses actually
incurred, or other actual damages not exceeding a total of six
hundred dollars ($600).
   (3) No action shall be considered valid if the consumer was not
present at the time, within the specified period, when the retailer
or the retailer's agent attempted to make the delivery, service, or
repairs or made a diligent attempt to notify the consumer by
telephone or in person of its inability to do so because of
unforeseen or unavoidable occurrences beyond its control. If
notification is by telephone, the retailer or the retailer's agent
shall leave a telephone number for a return telephone call by the
consumer to the retailer or its agent, to enable the consumer to
arrange a new two-hour period for delivery, service, or repair with
the retailer or the retailer's agent.
   (4) In any small claims action, logs and other business records
maintained by the retailer or the retailer's agent in the ordinary
course of business shall be prima facie evidence of the time period
specified for the delivery, service, or repairs and of the time when
the merchandise was delivered, or of a diligent attempt by the
retailer or the retailer's agent to notify the consumer of delay
caused by unforeseen or unavoidable occurrences.
   (5) It shall be a defense to the action if a diligent attempt was
made to notify the consumer of the delay caused by unforeseen or
unavoidable occurrences beyond the control of the retailer or the
retailer's agent, or the retailer or the retailer's agent was unable
to notify the consumer of the delay because of the consumer's absence
or unavailability during the four-hour period, and, in either
instance, the retailer or the retailer's agent makes the delivery,
service, or repairs within two hours of a newly agreed upon time or,
if the consumer unreasonably declines to arrange a new time for the
delivery, service, or repairs.
   (b) (1) Cable television companies shall inform their subscribers
of their right to service connection or repair within a four-hour
period, if the presence of the subscriber is required, by offering
the four-hour period at the time the subscriber calls for service
connection or repair. Whenever a subscriber contracts with a cable
television company for a service connection or repair which is to
take place at a later date, and the parties have agreed that the
presence of the subscriber is required, the cable company and the
subscriber shall agree, prior to the date of service connection or
repair, on the time for the commencement of the four-hour period for
the service connection or repair.
   (2) If the service connection or repair is not commenced within
the specified four-hour period, except for delays caused by
unforeseen or unavoidable occurrences beyond the control of the
company, the subscriber may bring an action in small claims court
against the company for lost wages, expenses actually incurred or
other actual damages not exceeding a total of six hundred dollars
($600).
   (3) No action shall be considered valid if the subscriber was not
present at the time, within the specified period, that the company
attempted to make the service connection or repair or made a diligent
attempt to notify the subscriber by telephone or in person of its
inability to do so because of unforeseen or unavoidable occurrences
beyond its control. If notification is by telephone, the cable
television company or its agent shall leave a telephone number for a
return telephone call by the subscriber to the company or its agent,
to enable the consumer to arrange a new two-hour period for service
connection or repair.
   (4) In any small claims action, logs and other business records
maintained by the company or its agents in the ordinary course of
business shall be prima facie evidence of the time period specified
for the commencement of the service connection or repair and the time
that the company or its agents attempted to make the service
connection or repair, or of a diligent attempt by the company to
notify the subscriber in person or by telephone of a delay caused by
unforeseen or unavoidable occurrences.
   (5) It shall be a defense to the action if a diligent attempt was
made to notify the subscriber of a delay caused by unforeseen or
unavoidable occurrences beyond the control of the company or its
agents, or the company or its agents were unable to notify the
subscriber because of the subscriber's absence or unavailability
during the four-hour period, and, in either instance, the cable
television company commenced service or repairs within a newly agreed
upon two-hour period.
   (6) No action shall be considered valid against a cable television
company pursuant to this section when the franchise or any local
ordinance provides the subscriber with a remedy for a delay in
commencement of a service connection or repair and the subscriber has
elected to pursue that remedy. If a subscriber elects to pursue his
or her remedies against a cable television company under this
section, the franchising or state or local licensing authority shall
be barred from imposing any fine, penalty, or other sanction against
the company, arising out of the same incident.
   (c) (1) Utilities shall inform their subscribers of their right to
service connection or repair within a four-hour period, if the
presence of the subscriber is required, by offering the four-hour
period at the time the subscriber calls for service connection or
repair. Whenever a subscriber contracts with the utility for a
service connection or repair, and the parties have agreed that the
presence of the subscriber is required, and the subscriber has
requested a four-hour appointment, the utility and the subscriber
shall agree, prior to the date of service connection or repair, on
the time for the commencement of the four-hour period for the service
connection or repair.
   (2) If the service connection or repair is not commenced within
the four-hour period provided under paragraph (1) or another period
otherwise agreed to by the utility and the subscriber, except for
delays caused by unforeseen or unavoidable circumstances beyond the
control of the utility, the subscriber may bring an action in small
claims court against the utility for lost wages, expenses actually
incurred, or other actual damages not exceeding a total of six
hundred dollars ($600).
   (3) No action shall be considered valid if the subscriber was not
present at the time, within the specified period, that the utility
attempted to make the service connection or repair or made a diligent
attempt to notify the subscriber by telephone or in person of its
inability to do so because of unforeseen or unavoidable occurrences
beyond its control. If notification is by telephone, the utility or
its agent shall leave a telephone number for a return telephone call
by the subscriber to the utility or its agent, to enable the consumer
to arrange a new two-hour period for service connection or repair.
   (4) In any small claims action, logs and other business records
maintained by the utility or its agents in the ordinary course of
business shall be prima facie evidence of the time period specified
for the commencement of the service connection or repair and of the
time that the utility attempted to make the service connection or
repair, or of a diligent attempt by a utility to notify the
subscriber in person or by telephone of a delay caused by unforeseen
or unavoidable occurrences.
   (5) It shall be a defense to the action if a diligent attempt was
made by the utility to notify the subscriber of a delay caused by
unforeseen or unavoidable occurrences beyond the control of the
utility, and the utility commenced service within a newly agreed upon
two-hour period.
   (d) Any provision of a delivery, service, or repair contract in
which the consumer or subscriber agrees to modify or waive any of the
rights afforded by this section is void as contrary to public
policy.

Last modified: February 22, 2013