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

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US-01519BG
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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.

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FAQ

'Fitness for purpose' is a phrase used to describe the concept that goods or services must be capable of being used for the intended purpose for which they were purchased.

Under the Uniform Commercial Code (UCC), the implied warranty of fitness for a particular purpose arises where, at the time of contracting, the seller has reason to know the particular purpose for which the buyer is purchasing the goods and that the buyer is relying on the seller's skill or judgment to suitable goods.

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.

For example, if a farmer goes to a farm supply store, and tells the salesperson they need a plow for the rocky soil of their farm, and the salesperson directs them to a particular plow, there may be an implied warranty that the plow in question is fit for use in rocky soil.

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.

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.

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.

Unlike the warranty of merchantability, which applies only to sellers of goods of the kind involved, the warranty of fitness for a particular purpose can arise whether the seller is a merchant or a non-merchant.

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