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

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US-01519BG
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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.

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FAQ

An implied warranty of fitness for a particular purpose occurs if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer. The seller then guarantees that the item is fit for that particular purpose.

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.

'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.

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.

'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.

The degree to which products conform to essential requirements and meet the needs of the users for which they are intended. In literature on quality, this is also known as 'fitness for use' or 'fitness for purpose. '

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.

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.

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