DEMAND LETTER - BREACH OF WARRANTY
State of Alaska
[LAW FIRM NAME]
Attorneys at Law
[FIRM ADDRESS]
[CITY], Alaska [ZIP]
Tel: [TELEPHONE]
Alaska Bar No. [BAR NUMBER]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[DATE]
[RECIPIENT NAME]
[COMPANY NAME]
[ADDRESS]
[CITY, STATE ZIP]
Re: BREACH OF EXPRESS AND IMPLIED WARRANTIES
Our Client: [CLIENT NAME]
Product: [DESCRIPTION]
Purchase Date: [DATE]
Demand Amount: $[TOTAL]
Dear [RECIPIENT NAME]:
This firm represents [CLIENT NAME] regarding the [PRODUCT] purchased from you. The Product has failed to conform to express and implied warranties under Alaska law.
I. TRANSACTION
On [DATE], our Client purchased:
| Product | Qty | Price | Total |
|---|---|---|---|
| [DESCRIPTION] | [QTY] | $[PRICE] | $[TOTAL] |
II. WARRANTIES UNDER ALASKA LAW
A. Express Warranties - AS 45.02.313
[DESCRIBE EXPRESS WARRANTIES MADE]
B. Implied Warranty of Merchantability - AS 45.02.314
The Product fails to be merchantable because [DESCRIBE DEFECTS/FAILURES].
C. Implied Warranty of Fitness - AS 45.02.315
[IF APPLICABLE: You knew our Client needed the Product for [PARTICULAR PURPOSE] and the Product fails that purpose.]
III. BREACH AND NOTICE
Defects: [DESCRIBE DEFECTS]
Notice Given: On [DATE], our Client notified you of the defects as required by AS 45.02.607(3)(a).
Your Response: [DESCRIBE FAILURE TO CURE]
IV. DAMAGES
| Category | Amount |
|---|---|
| Purchase Price/Diminution in Value | $[AMOUNT] |
| Incidental Damages (AS 45.02.715(1)) | $[AMOUNT] |
| Consequential Damages (AS 45.02.715(2)) | $[AMOUNT] |
| Prejudgment Interest (10.5%) | $[AMOUNT] |
| Attorney Fees (Magnuson-Moss) | $[AMOUNT] |
| TOTAL | $[TOTAL] |
V. STATUTE OF LIMITATIONS
Under AS 45.02.725, warranty claims must be brought within 4 years from tender of delivery. This claim is timely.
VI. DEMAND
Within [30] days:
☐ Pay $[TOTAL]; OR
☐ Provide conforming replacement and pay consequential damages of $[AMOUNT]
VII. CONSEQUENCES
Failure to comply will result in litigation seeking all damages plus attorney fees under Alaska Rule 82 and Magnuson-Moss (if applicable).
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME]
Alaska Bar No. [BAR NUMBER]
Enclosures:
☐ Exhibit A - Warranty
☐ Exhibit B - Purchase Documents
☐ Exhibit C - Defect Documentation
cc: [CLIENT NAME]