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Alabama Notice of Breach of Warranty of Fitness for a Particular Purpose

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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.


Where a tender has been accepted, the buyer must within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of breach or be barred from any remedy. The giving of the notice is a condition precedent to a claim or suit for breach of the sales contract. UCC ?§ 2-607(3)(a) was amended in 2003 to provide that failure to give timely notice of breach in the case of accepted goods bars a remedy only to the extent that the seller is prejudiced by the untimely notice.

Alabama Notice of Breach of Warranty of Fitness for a Particular Purpose is a legal document used in the state of Alabama to notify a party that a breach of warranty of fitness for a specific purpose has occurred. This notice is typically used when a product or service fails to meet the specific purpose for which it was intended. The notice includes relevant information such as the name and contact information of the party sending the notice, the name and contact information of the party alleged to have breached the warranty, and a detailed description of the breach. It should clearly establish that the product or service in question was purchased with a particular purpose in mind and that it has failed to fulfill that purpose. Keywords: Alabama, Notice of Breach of Warranty, Fitness, Particular Purpose, legal document, breach of warranty, product, service, intended purpose. There are two different types of Alabama Notice of Breach of Warranty of Fitness for a Particular Purpose: 1. Notice of Breach of Warranty of Fitness for a Particular Purpose — Product: This type of notice is used when a product purchased in Alabama fails to meet the intended purpose for which it was bought. It may be used in cases where a particular product is advertised or marketed as being suitable for a specific purpose, but fails to perform as promised. 2. Notice of Breach of Warranty of Fitness for a Particular Purpose — Service: This type of notice is used when a service provided in Alabama fails to meet the intended purpose for which it was contracted. It may be used in cases where a service provider fails to deliver the expected level of expertise, knowledge, or quality necessary to fulfill the specific purpose for which the service was hired. In both cases, the notice serves as an important initial step towards seeking legal recourse for the breach of warranty. It notifies the party alleged to have breached the warranty that they have failed to meet the agreed-upon terms and gives them an opportunity to rectify the situation before further legal action is pursued. Overall, the Alabama Notice of Breach of Warranty of Fitness for a Particular Purpose is a crucial legal tool to assert the rights of consumers or individuals who have been promised a specific level of functionality or suitability that has not been delivered.

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An implied warranty of fitness for a particular purpose may be waived by the buyer if the buyer is an expert or brings in outside experts.

???????? Waiver of Implied Warranty of Fitness: To disclaim an implied warranty of fitness for a particular purpose, the disclaimer must be (i) in writing, and (ii) conspicuous. ????????? For example, THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ? Notice the word fitness was not used.

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 ...

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.

In other words, unless properly disclaimed in the contract, an implied warranty of fitness for particular purpose arises when: (1) the seller knows, or should know, buyer's purpose for the goods; and (2) the seller knows, or should know, that buyer is relying on seller to determine what the buyer needs for that purpose ...

A warranty of fitness is a type of warranty that asserts that the goods are suitable for the special purpose of the buyer, and such warranty will not be satisfied by mere fitness for general purposes.

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.

Disclaimer of Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES TO BE PURCHASED UNDER THIS AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

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May 22, 2020 — That is, no party has to promise or request during the bargaining process that the good will be “fit for the ordinary purposes for which such ... 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 ...Apr 22, 2023 — The store has breached an implied warranty of fitness for particular purpose. Note the distinction between “particular” and “ordinary” purposes. The implied warranty of fitness for a particular purpose is a promise that the ... warranty of fitness for a particular purpose is breached. Implied warranties ... Apr 5, 2010 — 1990) (“To recover for breach of the warranty of fitness for a particular purpose, the plaintiff must prove that (1) he has sustained ... Section 7-2-315 - Implied warranty: Fitness for particular purpose. Section ... Section 7-2-607 - Effect of acceptance; notice of breach; burden of ... May 13, 2016 — To do this, the parties must first understand the risks involved with a particular software license and negotiate for the specific risk type. Key to a claim for breach of the implied warranty of fitness for a particular purpose is a showing that (a) the seller had reason to know the buyer's purpose ... by S Kwestel · 2010 · Cited by 1 — Express Warranty of Fitness for a Particular Purpose: Extent of Overlap in Same Factual Context ... complete and exclusive statement of the parties' agreement. Feb 13, 2019 — If the contractor refuses to repair within the one-year correction period, their customer can file a lawsuit five years after the one-year ...

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Alabama Notice of Breach of Warranty of Fitness for a Particular Purpose