Understanding Warranty Breach
Warranty claims arise when products fail to meet explicit or implied promises. Types of warranties include:
- Express warranty: Specific promises made by the seller
- Implied warranty of merchantability: Product works for ordinary purposes
- Implied warranty of fitness: Product works for your specific purpose (if seller knew)
- Extended warranties and service contracts
Elements You Must Prove
- A warranty existed (express or implied)
- The product failed to meet the warranty terms
- You provided proper notice of the defect
- You suffered damages from the warranty breach
Available Remedies
- Repair or replacement of the product
- Refund of purchase price
- Consequential damages (if foreseeable)
- Incidental damages (costs of dealing with the problem)
- Under Magnuson-Moss Act: attorney's fees for consumer goods
Tips for Your Demand Letter
Include your warranty documentation, proof of purchase, and description of the defect. Note any prior attempts to seek warranty service. Reference the Magnuson-Moss Warranty Act for consumer products.
Questions About Warranty Breach Demand Letters
What is warranty breach?
Demand letter for breach of warranty. When a product doesn't live up to its guarantees, you have legal recourse.
What must I prove in a warranty breach claim?
To succeed in a warranty breach claim, you must prove: A warranty existed (express or implied); The product failed to meet the warranty terms; You provided proper notice of the defect; You suffered damages from the warranty breach.
What can I recover?
Available remedies include: Repair or replacement of the product, Refund of purchase price, Consequential damages (if foreseeable), Incidental damages (costs of dealing with the problem), Under Magnuson-Moss Act: attorney's fees for consumer goods.
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