Nebraska Complaint for Breach of Warranty is a legal document that individuals or businesses can utilize to seek legal remedies in case of a breach of warranty. A breach of warranty occurs when there is a failure to fulfill the terms of a written or implied warranty associated with a product or service. This complaint serves as a means to hold the party responsible for the breach accountable and seek appropriate compensation or resolution. In Nebraska, there are two primary types of Complaints for Breach of Warranty that can be filed: 1. Express Warranty Breach Complaint: This type of complaint arises when a seller or manufacturer fails to fulfill the terms and conditions outlined in a clearly stated written warranty. An express warranty can be in the form of a written document, advertising material, or verbal representation made by the seller or manufacturer. 2. Implied Warranty Breach Complaint: This type of complaint stems from the failure of a seller or manufacturer to meet the obligations of an implied warranty. In Nebraska, implied warranties include the warranty of merchantability (products sold are fit for their ordinary purpose) and the warranty of fitness for a particular purpose (products sold meet specific needs or requirements). When filing a Complaint for Breach of Warranty in Nebraska, it is important to include the following key elements: 1. Plaintiff Information: Start by providing the plaintiff's name, address, contact information, and any relevant details establishing their relationship to the product or service in question. 2. Defendant Information: Clearly identify the defendant involved in the breach, including their name, address, and any relevant details regarding their involvement in the warranty agreement. 3. Description of Product or Service: Provide a detailed description of the product or service concerned, including its make, model, serial number (if applicable), and any other identifying information. 4. Warranty Terms: Explain the specific terms and conditions of the warranty that was breached. Include details such as the duration of the warranty, what the warranty covers, any limitations or exclusions, and any other relevant provisions. 5. Breach of Warranty: Clearly outline how the defendant has failed to fulfill their obligations under the warranty. Describe any defects, malfunctions, or issues encountered with the product or service and provide supporting evidence like invoices, receipts, or photographs. 6. Damages: State the damages suffered by the plaintiff as a result of the breach, including any financial losses, repair costs, medical expenses, or other related damages. It is essential to provide clear documentation or evidence to support these claims. 7. Relief Sought: Clearly state the remedies or relief sought by the plaintiff, which may include compensation for damages, repairs or replacements, reimbursement of costs incurred, attorney fees, and any other appropriate relief. Remember, it is crucial to consult with an attorney or legal professional knowledgeable in Nebraska law to ensure accuracy and completeness when drafting a Complaint for Breach of Warranty.
Nebraska Complaint for Breach of Warranty
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Section 2-314 - Implied warranty; merchantability; usage of trade (1) Unless excluded or modified (section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind.
Almost everything you buy is covered by an implied warranty. Here are some common implied warranties: A "warranty of merchantability" means that the seller promises that a product will do what it's supposed to do.
If the seller breaches a warranty to the buyers, the latter can take legal action to protect their rights or their business. U.S. laws governing warranties will help the plaintiff and their legal counsel determine what it is that a seller has agreed to sell the buyer.
Language to exclude all implied warranties of fitness is sufficient if it states, for example, that ?There are no warranties which extend beyond the description on the face hereof ?. (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.
A warranty is a seller's promise that a product sold to a buyer has a certain quality. If the product proves to be deficient in this quality as promised, the seller is legally liable for breach of warranty.
No implied warranty of merchantability and, where applicable, no implied warranty of fitness shall be waived, except in the case of a sale of consumer goods on an "as is" or "with all faults" basis where the provisions of this chapter affecting "as is" or "with all faults" sales are strictly complied with.
For example, if a consumer tells the salesperson at the hardware store that he needs a tool that drills metal, and the salesperson recommends a particular tool that does not drill metal, the implied warranty of fitness will have been breached.
Implied warranties are unspoken, unwritten promises, created by state law, that go from you, as a seller or merchant, to your customers. Implied warranties are based upon the common law principle of "fair value for money spent," There are two types of implied warranties that occur in consumer product transactions.