Warranty tolling

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Warranty tolling refers to a legal requirement, in some jurisdictions, that the timeframe provided in a product warranty shall be tolled (paused) to protect the consumer from unfairly being deprived of its protections.

In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) it is a term "not going to the root of the contract", and (2) which only entitles the innocent party to damages if it is breached: i.e. the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not guarantee. It is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages.

Tolling is a legal doctrine that allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations, such that a lawsuit may potentially be filed even after the statute of limitations has run. Although grounds for tolling the statute of limitations vary by jurisdiction, common grounds include:

For example, under California Civil Code Sections 1795.6 and 1795.7, tolling occurs when the buyer delivers goods to be repaired or provides notice of the problem, and continues so long as the buyer has not yet received the repaired goods or notice that the repairs are complete.

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