Warranty Slides0001

Warranty Slides0001 - WARRANTIES An assurance or guarantee...

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Unformatted text preview: WARRANTIES An assurance or guarantee that goods will conform to certain standards. *Contract Based * Codified in the UCC To sustain a cause of action for Warranty the Buyer must show : 1) The Warranty existed 2) The Warranty was breached 3) Breach was the Proximate cause of loss 4) Notice of the breach was given in a timely manner to the Seller There are 3 types of Warranties: 1) Express 2) Implied 3) Of Title 6/7/2010 IE EIEIEIEEEIEEIE EIEIEJFlEITIEIEI Express Warranties Created or Originated from the words or actions of the Seller UCC 2-313 1) Affirmation of fact or promise 2) Description of Goods 3) Providing of a Sample or Model "Basis of the Bargain” - UCC 2-313 Part of what you agreed to - a condition of the contract 1) Circumstances and Statements 2) Brochures Implied Warranties Created by the mere act of Selling Two Types : 1) Merchantability UCC 2-314 2) Fitness for a Particular Use UCC 2-315 6/7/2010 l) Merchantability - When a Merchant who deals in a certain kind of goods, sells those goods - he warranties that they are Merchantable : -er]m11 to those generally acceptable -fit for ordinary purposes The goods must serve the ordinary purpose safely Food - look for wholesomeness -UCC applies to both food sold and that served at restaurants Foreign objects vs Natural objects What are the reasonable expectations of the consumer? 2) Fitness for a Particular Use Applies where seller knows or has reason to know: A) The particular purpose for which the goods are required B) That the Buyer is relying on the Seller’s skill and judgment to select or furnish suitable goods * Seller does not need to be a Merchant 3) Warranty of Title UCC 2-312 A) Title conveyed shall be good and transfer rightful B) Goods ~ free from any securing interest or lien of which the buyer , at the time of sale, has no knowledge * Unless specific language sets out NO ASSURANCES Patent Infringement — Merchants UCC 2-312 does say that goods shall not infringe on patent or copyright 6/7/2010 El SE! E El El El E l3 8 Conflicting or Overlapping Warranties UCC 2-317 More than one - Cumulative If in Conflict look for the intent of the Parties 1) Exact or technical specifications take precedent over inconsistent or general language 2) Sample ( from goods) over inconsistent language 3) Express Warranties over Implied Warranties of Merchantability Disclaimers Seller can disclaim warranties unless unconscionable UCC 2-302 A) Express Warranties - Look to the intent of the parties - agreement B) Implied Warranties UCC 2-316 1) Language 2) Buyers Examination 3) Custom and Usage in Industry or Group Limitation of Damages - Punitive not available - Can set out in contract - Liquidated damages - Value of Goods less value received * UCC 2-719 Adequate Remedy Needed 6/7/2010 6/7/2010 DEFENSES E1 1) Privity El El 2) Plaintiff Misuse E| - 3) Statute of Limitations ...
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Warranty Slides0001 - WARRANTIES An assurance or guarantee...

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