Colorado Notice of Breach of Warranty of Fitness for a Particular Purpose

State:
Multi-State
Control #:
US-01519BG
Format:
Word; 
Rich Text
Instant download

Description

The Uniform Commercial Code (UCC) is a model statute covering things such as the sale of goods, bank transactions, warranties, loans secured by personal property and certain other commercial matters. All states have adopted and adapted the entire UCC, with the exception of Louisiana, which only adopted parts of it. Uniform Commercial Code ?§ 2-315 provides that where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified an implied warranty that the goods shall be fit for such purpose.


Where a tender has been accepted, the buyer must within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of breach or be barred from any remedy. The giving of the notice is a condition precedent to a claim or suit for breach of the sales contract. UCC ?§ 2-607(3)(a) was amended in 2003 to provide that failure to give timely notice of breach in the case of accepted goods bars a remedy only to the extent that the seller is prejudiced by the untimely notice.

Free preview
  • Preview Notice of Breach of Warranty of Fitness for a Particular Purpose
  • Preview Notice of Breach of Warranty of Fitness for a Particular Purpose

How to fill out Notice Of Breach Of Warranty Of Fitness For A Particular Purpose?

If you wish to complete, down load, or printing lawful papers web templates, use US Legal Forms, the greatest collection of lawful varieties, which can be found on the web. Take advantage of the site`s basic and practical look for to obtain the papers you want. Numerous web templates for enterprise and specific purposes are sorted by categories and suggests, or search phrases. Use US Legal Forms to obtain the Colorado Notice of Breach of Warranty of Fitness for a Particular Purpose in just a couple of click throughs.

When you are previously a US Legal Forms customer, log in in your account and click the Acquire switch to find the Colorado Notice of Breach of Warranty of Fitness for a Particular Purpose. You may also entry varieties you in the past saved within the My Forms tab of your own account.

Should you use US Legal Forms initially, follow the instructions under:

  • Step 1. Be sure you have chosen the form for that correct town/region.
  • Step 2. Use the Preview method to examine the form`s articles. Never neglect to read the explanation.
  • Step 3. When you are unhappy with the type, take advantage of the Search discipline at the top of the display screen to find other versions from the lawful type design.
  • Step 4. Once you have discovered the form you want, click the Get now switch. Pick the prices strategy you choose and add your qualifications to register on an account.
  • Step 5. Approach the transaction. You can utilize your Мisa or Ьastercard or PayPal account to perform the transaction.
  • Step 6. Select the format from the lawful type and down load it on your gadget.
  • Step 7. Comprehensive, revise and printing or indicator the Colorado Notice of Breach of Warranty of Fitness for a Particular Purpose.

Every single lawful papers design you get is yours eternally. You possess acces to each and every type you saved inside your acccount. Click on the My Forms area and choose a type to printing or down load once again.

Contend and down load, and printing the Colorado Notice of Breach of Warranty of Fitness for a Particular Purpose with US Legal Forms. There are millions of expert and express-distinct varieties you can utilize for your enterprise or specific demands.

Form popularity

FAQ

An implied warranty of fitness for a particular purpose may be waived by the buyer if the buyer is an expert or brings in outside experts.

A warranty of fitness is a type of warranty that asserts that the goods are suitable for the special purpose of the buyer, and such warranty will not be satisfied by mere fitness for general purposes.

In other words, unless properly disclaimed in the contract, an implied warranty of fitness for particular purpose arises when: (1) the seller knows, or should know, buyer's purpose for the goods; and (2) the seller knows, or should know, that buyer is relying on seller to determine what the buyer needs for that purpose ...

There is no implied warranty of fitness for any particular purpose unless the buyer expressly or by implication makes known to the seller the particular purpose for which the goods are required. Schlottman v. Pressey, 96 F.

Additionally, a seller can disclaim all implied warranties by expressions like "as is," "with all faults," or other language which makes it clear to the buyer that there are no implied warranties.

Disclaimer of Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES TO BE PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow.

???????? Waiver of Implied Warranty of Fitness: To disclaim an implied warranty of fitness for a particular purpose, the disclaimer must be (i) in writing, and (ii) conspicuous. ????????? For example, THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ? Notice the word fitness was not used.

Trusted and secure by over 3 million people of the world’s leading companies

Colorado Notice of Breach of Warranty of Fitness for a Particular Purpose