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.
Nebraska 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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Under the Uniform Commercial Code (UCC), the implied warranty of fitness for a particular purpose arises where, at the time of contracting, the seller has reason to know the particular purpose for which the buyer is purchasing the goods and that the buyer is relying on the seller's skill or judgment to suitable goods.
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.
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.
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 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.
In the event that the product subject to the implied warranty of fitness is unsatisfactory for the buyer's expressed purpose, the seller may be liable for breach of warranty and subject to damages.
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 Services provided by Vendor shall be of first quality and shall conform to the specifications herein. Where Vendor has reason to know or knows any particular purpose for which the Services are required, there is a warranty that the Services shall be fit for such purpose.
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.
For example, if a consumer tells the salesperson at the hardware store that he needs a tool that drills metal, and the salesperson recommends a particular tool that does not drill metal, the implied warranty of fitness will have been breached.