Kentucky Complaint against Vendor of Computer System by Purchaser for Fraud and Misrepresentation, Breach of Contract, Breach of Implied Warranty of Merchantability, Breach of Implied Warranty of Fitness
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How to fill out Complaint Against Vendor Of Computer System By Purchaser For Fraud And Misrepresentation, Breach Of Contract, Breach Of Implied Warranty Of Merchantability, Breach Of Implied Warranty Of Fitness?
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FAQ
The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.
A warranty is a legally binding commitment forming part of the sales contract which assures the buyer that the product or service is free from defects. A warranty often provides for a specific remedy such as repair or replacement in the event the article or service fails to meet the warranty.
To prove breach of the implied warranty of fitness for a particular purpose, the plaintiff must generally show that: The plaintiff purchased the product from the seller. At the time of purchase, the seller knew or had reason to know that the plaintiff intended to use the product for a particular purpose.
From the vendor's point of view, a software warranty works like a free maintenance plan. Yes, the vendor could warrant the software forever, since it won't break down like a car or computer. But fixing software takes time and money.
(2) Where a contract of sale is not severable and the buyer has accepted the goods or part thereof, [***] the breach of any condition to be fulfilled by the seller can only be treated as a breach of warranty and not as a ground for rejecting the goods and treating the contract as repudiated, unless there is a term of ...
This language says that certain warranties that default law implies into every software license agreement are not applicable and that the only warranties enforceable against the licensor are the warranties expressly set forth in the software license agreement itself.
Your warranty is a contract that commits you to stand behind your product. Section 2-314 of the Uniform Commercial Code, which is law in every state but Louisiana, covers the implied warranty of merchantability. Basically, your product is "merchantable" if it does what it is supposed to do.
Breach of warranty by misrepresentation may be brought in tort for damages or in contract if the representation was made as an inducement of a contract. Breach of warranty to do or refrain from some action is usually brought as a breach of contract action for damages, rescission or for specific performance.