§ 21304. — 21304. (Added by Stats. 2024, Ch. 797, Sec. 1.)

California § 21304.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 8.: DIVISION 8. SPECIAL BUSINESS REGULATIONS
• Ch. 8.5.: CHAPTER 8.5. Consumer Wheelchair Right to Repair

Text

(a)
This chapter does not require an original equipment manufacturer to divulge a trade secret, except as necessary to provide documentation, parts, tools, service access methods, and training courses and materials on fair and reasonable terms.
(1)
An original equipment manufacturer may redact documentation to remove trade secrets from the documentation before providing access to the documentation if the usability of the redacted documentation for the purpose of providing services is not diminished.
(2)
An original equipment manufacturer may withhold information regarding a component of, design of,
functionality of, or process of developing a part, embedded software, firmware, or
a tool if the information is a trade secret and the usability of the part, embedded software, firmware, or tool for the purpose of providing services is not diminished.
(b)
This chapter does not require an original equipment manufacturer to make available a part if the part is no longer available to the original equipment manufacturer.
(c)
An original equipment manufacturer is not liable for faulty or otherwise improper repairs provided by independent repair providers or owners, including faulty or otherwise improper repairs that cause any of the following:
(1)
Damage to a powered wheelchair that occurs during the repairs.
(2)
Any indirect,
incidental, or consequential damages.
(3)
An inability to use, or a reduced functionality of, a powered wheelchair resulting from faulty or otherwise improper repair.
(d)
This chapter shall not be construed to alter the terms of any arrangement described in subdivision (a) of Section 21300 in force between an authorized repair provider and an original equipment manufacturer, including, but not limited to, the performance or provision of warranty or recall repair work by an authorized repair provider on behalf of an original equipment manufacturer pursuant to an arrangement described in subdivision (a) of Section 21300, except that any provision that purports to waive, avoid, restrict, or limit the original equipment manufacturer’s obligations to comply with this chapter shall be void
and unenforceable.
(e)
This chapter shall not be construed to exempt an original equipment manufacturer from a products liability claim that is
otherwise authorized by law.

Legislative History

Added by Stats. 2024, Ch. 797, Sec. 1. (SB 1384) Effective January 1, 2025.