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Washington 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.

A Washington Notice of Breach of Warranty of Fitness for a Particular Purpose is a legal document that addresses the violation of a warranty regarding the fitness or suitability of a product for a specific purpose. This notice is typically sent by a consumer to a seller or manufacturer to inform them of the breach of warranty and seek remedies for any resulting harm or damages. It is essential to describe the breach in detail and mention the specific purpose for which the product was purchased. Keywords: 1. Washington Notice of Breach of Warranty: This term refers to a formal written notice sent in Washington state to alert the responsible party about the violation of a warranty. 2. Warranty of Fitness: It pertains to an implied or express guarantee made by the seller that the product will be suitable for a particular purpose. 3. Fitness for a Particular Purpose: This phrase emphasizes that the product's intended use was communicated to the seller at the time of purchase. 4. Legal Remedies: This refers to the actions or compensation sought by the consumer due to the breach, such as repairs, replacements, refunds, compensation for damages, or cancelling the contract. 5. Consumer Protection: This encompasses the legal framework and regulations aimed at safeguarding consumers' rights and ensuring fair business practices. 6. Product Liability: It concerns the legal liability of a manufacturer or seller for any damages caused by their defective or unfit products. 7. Implied Warranty: This is an unwritten, unspoken guarantee imposed by law that a product must meet certain standards of quality and fitness for its intended purpose. 8. Express Warranty: It refers to a specific written or spoken assurance made by the seller regarding the quality, suitability, or performance of the product. 9. UCC: The Uniform Commercial Code (UCC) is a set of laws governing commercial transactions, including the sale of goods, which plays a role in breach of warranty claims. 10. Damages: This term encompasses the harm, losses, or injuries suffered by the consumer as a result of the breach, including financial losses, medical expenses, or emotional distress. Types of Washington Notice of Breach of Warranty of Fitness for a Particular Purpose: Depending on the circumstances, there can be various types of notices, such as: 1. Notice for Defective Appliance: If a household appliance fails to perform its intended function, the consumer may issue a notice to the seller, highlighting the breach of warranty for fitness. 2. Notice for Unsafe Vehicle: If a car purchased for long-distance commuting is constantly breaking down or exhibiting significant safety issues, a breach of warranty notice can be sent to the seller or manufacturer. 3. Notice for Ineffective Medical Device: When a medical device fails to provide the desired medical benefits, patients or healthcare providers can issue a notice specifying the breach of warranty and requesting appropriate actions. 4. Notice for Unfit Sporting Equipment: If a sports product, like a tennis racket or running shoes, proves unsuitable for its intended purpose, a breach of warranty notice can be submitted, emphasizing the failure to meet the required fitness standards. 5. Notice for Inefficient Machinery: In industrial or manufacturing settings, if machinery or equipment fails to perform as expected, a notice of breach of warranty can be sent, highlighting the lack of fitness for a particular purpose. It is crucial to consult with a legal professional or refer to the specific laws and regulations of Washington state to ensure the accuracy and effectiveness of a Washington Notice of Breach of Warranty of Fitness for a Particular Purpose.

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FAQ

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.

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 ...

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.

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.

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.

An implied warranty of fitness arises under the Uniform Commercial Code §2-315 when a buyer requests something for a particular purpose, and the seller then supplies a product 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.

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Implied warranty: Fitness for particular purpose. Where the seller at the time of contracting has reason to know any particular purpose for which the goods ... 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 ...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 ... ... warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states ... by TJ Holdych · 2005 · Cited by 9 — U.C.C. §§ 2-314 and 2-315 provide for implied warranties of merchantability and fitness for a particular purpose absent disclaimer by the parties. Apr 5, 2010 — (Ark. 1990) (“To recover for breach of the warranty of fitness for a particular purpose, the plaintiff must prove that (1) he has ... WASHINGTON PROBATE, ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE ... Feb 23, 2017 — To disclaim the warranty of merchantability in the relevant agreement, the written contract must contain a conspicuous disclaimer that either: ( ... The law. By providing a machine that doesn't meet your stated needs, the merchant breached another implied warranty: that of fitness for a particular purpose. THE PUBLIC NOTICE DATABASE IS PROVIDED "AS IS." WNPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ...

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