New York 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
If a representation is not true it is "inaccurate." If a warranty is not true it is "breached." In financing documents (such as loan agreements) representations and warranties are given by the borrower to induce the lenders to make loans.
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.
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.
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.
The Magnuson-Moss Warranty Act is the federal law that governs consumer product warranties. Passed by Congress in 1975, the Act requires warrantors of consumer products to provide consumers with detailed information about warranty coverage.
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.
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.
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.