The Uniform Commercial Code (UCC) is a model statute covering things such as the sale of goods, bank transactions, warranties, loans secured by personal property and certain other commercial matters. All states have adopted and adapted the entire UCC, with the exception of Louisiana, which only adopted parts of it. Uniform Commercial Code ?§ 2-315 provides that where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified an implied warranty that the goods shall be fit for such purpose.
Virginia Complaint for Breach of Warranty of Fitness for a Particular Purpose in Sale of Product
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How to fill out Complaint For Breach Of Warranty Of Fitness For A Particular Purpose In Sale Of Product?
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An implied warranty of fitness for a particular purpose occurs if a seller knows or has reason to know of a particular purpose for which some item is being purchased by the buyer. The seller then guarantees that the item is fit for that particular purpose.
The warranty of fitness for a particular purpose is implied when a buyer relies upon the seller to select the goods to fit a specific request. For example, this warranty is violated when a buyer asks a mechanic to provide snow tires and receives tires that are unsafe to use in snow.
Legally, 'breach of a warranty' refers to a situation when the seller fails to meet the conditions made on the contract. When a breach of a condition is treated as a breach of on warranty the buyer can claim damages.
Guarantee as to fitness for any disclosed purpose There is a guarantee that the goods are reasonably fit for: a purpose for which the supplier represents they are fit; or. a purpose the consumer makes known to the supplier or manufacturer that they will use the goods for.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall ...
An implied warranty of fitness for a particular purpose is presumed whenever the seller (the seller need not be a merchant for it to apply) has a reason to know that the buyer has a particular use for the goods and they are relying on the seller's skill to select suitable goods.
Additionally, a seller can disclaim all implied warranties by expressions like "as is," "with all faults," or other language which makes it clear to the buyer that there are no implied warranties.
In most places, implied warranties can be disclaimed. However, there are federal and state laws that impose restrictions on disclaimers on consumer goods.
