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District of Columbia 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.

District of Columbia Notice of Breach of Warranty of Fitness for a Particular Purpose is a legal document that outlines a breach of warranty claim related to the fitness of a product or service for a specific purpose. This notice is specific to the District of Columbia and ensures that consumers are protected from purchasing or using products/services that do not meet their intended purpose. Keywords: District of Columbia, Notice of Breach of Warranty, Warranty of Fitness, Breach, Fitness for a Particular Purpose, legal document, claim, product, service, consumers, protected. There are several types of District of Columbia Notice of Breach of Warranty of Fitness for a Particular Purpose, including: 1. District of Columbia Notice of Breach of Warranty of Fitness for a Particular Purpose for Consumer Goods: This type of notice is used when a consumer purchases a good or product in the District of Columbia that does not meet the intended purpose as warranted by the seller or manufacturer. 2. District of Columbia Notice of Breach of Warranty of Fitness for a Particular Purpose for Services: This notice is relevant when a consumer hires a service provider in the District of Columbia and the service does not fulfill the specific purpose for which it was warranted. 3. District of Columbia Notice of Breach of Warranty of Fitness for a Particular Purpose for Real Estate: This type of notice applies to situations where a buyer or tenant in the District of Columbia discovers that the purchased or rented property does not serve the intended purpose as warranted by the seller or landlord. 4. District of Columbia Notice of Breach of Warranty of Fitness for a Particular Purpose for Software: This notice is relevant in cases where a software product purchased or licensed in the District of Columbia fails to fulfill its warranted purpose, causing inconvenience or loss to the user. In each of these cases, the District of Columbia Notice of Breach of Warranty of Fitness for a Particular Purpose serves as a formal communication to the responsible party, notifying them of the breach and seeking appropriate resolution, such as repair, replacement, or monetary compensation. It is important for consumers in the District of Columbia to understand their rights and responsibilities when it comes to warranty of fitness and breach claims. Consulting with a legal professional experienced in consumer protection laws can provide valuable guidance and assistance in navigating through the process.

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FAQ

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.

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 ...

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.

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.

???????? 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.

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.

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.

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 ...

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Unlike the implied warranty of merchantability, implied warranties of fitness for a particular purpose may be excluded by general language, but only if it is in ... Section 2-315 of the Uniform Commercial Code covers the implied warranty of fitness for a particular purpose. Implied warranties deal with the product at the ...Under this section the buyer need not bring home to the seller actual knowledge of the particular purpose for which the goods are intended or of his reliance on ... The Notice of Claim letter must contain the items numbered 1-5 below, which are required by statute (D.C. Official Code § 12-309, which can be accessed through ... Implied warranty: fitness for particular purpose. Where the seller at the time of contracting lias reason to know any particular purpose for which the goods ... Mar 20, 2019 — Implied Warranty of Fitness for a Particular Purpose. Where the seller at the time of contracting has reason to know any particular purpose ... Apr 22, 2023 — The store has breached an implied warranty of fitness for particular purpose. Note the distinction between “particular” and “ordinary” purposes. This Overview outlines contract claims for breach of the seller's implied warranty of fitness for a particular purpose under the Uniform Commercial Code ... by SA Lockitski · 1971 · Cited by 1 — the implied warranty of habitability and fitness for the use intended which justified the plaintiff's rescinding the rental agreement and vacating the premises. Courts must “fill in” the gaps in the statute. An “Official Comment from the drafters of the Uniform Commercial Code” follows each UCC code section. The ...

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District of Columbia Notice of Breach of Warranty of Fitness for a Particular Purpose