Pennsylvania 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
Possible Defenses in Breach of Warranty Cases Lack of privity (the parties had no contractual obligation to one another) Lack of warranty (there was no warranty) The buyer misused the product. The buyer failed to comply with the conditions set out in the warranty.
In breach of warranty cases, the buyer may seek remedies such as repair or replacement of the defective product, compensation for diminished value, or reimbursement for incidental and consequential damages.
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.
To be merchantable, goods must be fit for their ordinary purpose and pass without objection in the trade under the description; see U.C.C. § 2-314.
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.
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.
For example, fruit that looks fresh but has hidden defects would violate the implied warranty of merchantability. All the food in a grocery store has an implied warranty as consumers assume it is fresh and edible?which is why they get a refund if it is not.
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.