A Notice of Violation of Warranty Exclusion is a legal document sent by the manufacturer of a product to a customer to inform them that they have violated the warranty exclusion clause of the product and that the warranty has been voided. A warranty exclusion clause is a statement in a product’s warranty that outlines certain conditions which, if violated, will void the warranty. These conditions can include improper installation, misuse, or alteration of the product. There are two types of Notice of Violation of Warranty Exclusion. The first type is the Notice of Non-Compliance, which is sent to a customer when the product has been misused or altered in some way that violates the warranty exclusion clause. The second type is the Notice of Breach of Warranty, which is sent when the customer has failed to properly install the product or has not followed the instructions outlined in the warranty. In both cases, the customer is informed that the warranty on the product has been voided.
Notice of Violation of Warranty Exclusion
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FAQ
A party that breaches a warranty is only responsible for the loss and damage that is foreseeable as a result of the breach. The damages for which a seller is liable is the amount necessary to compensate the purchaser for any loss resulting from the breach.
The simplest defense to a breach of warranty action is that there is no warranty. In order for statements by a seller to constitute an express warranty, they must become part of the benefit of the bargain.
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.
Breach of warranty occurs when a seller, manufacturer, or distributor fails to guarantee that the product being sold is not of proper quality, or simply no longer works in the way it was expected to work.
A warranty is a term of the contract, a breach of which gives the innocent party the right to claim damages but not to treat the contract as repudiated.
A seller who breaches an expressed or implied warranty may be liable for damages that range from multiple financial losses in an express warranty breach case to injuries, medical expenses, lost wages, or pain in suffering in a breach of an implied warranty.