Michigan 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
Hear this out loud PauseThe warranty of fitness for a particular purpose will be implied by law if, at the time of contracting, a seller has reason to know (1) the purpose for which the goods are required and (2) that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods.
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.
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.
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.
Hear this out loud PauseMichigan law recognizes two types of warranties?express warranties and implied warranties. Express warranties are those you explicitly offer to your customers in connection with the sale of your product. Implied warranties are imposed by law and exist even if you never mention a warranty in connection with a sale.
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.
Hear this out loud PauseThis 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.
Hear this out loud PauseFor example, if you buy a golf club from a golf shop, there is an implied warranty in the sale that the golf club will perform as it was designed to. If the first time you swing the club, the head falls off, then the implied warranty of merchantability has been breached.