DEMAND LETTER - BREACH OF WARRANTY
State of Alabama
[LAW FIRM NAME]
Attorneys at Law
[FIRM ADDRESS LINE 1]
[CITY], Alabama [ZIP]
Tel: [TELEPHONE]
Fax: [FAX]
Email: [EMAIL]
Alabama State Bar No. [BAR NUMBER]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[DATE]
[RECIPIENT NAME]
[RECIPIENT TITLE]
[COMPANY NAME]
[ADDRESS LINE 1]
[CITY, STATE ZIP]
Re: FORMAL DEMAND - BREACH OF EXPRESS AND IMPLIED WARRANTIES
Our Client: [CLIENT NAME]
Product/Goods: [DESCRIPTION]
Date of Purchase: [DATE]
Invoice/Order Number: [NUMBER]
Demand Amount: $[TOTAL]
Dear [RECIPIENT NAME]:
This firm represents [CLIENT NAME] ("our Client") regarding the [PRODUCT DESCRIPTION] (the "Product") purchased from [SELLER NAME] ("you") on or about [DATE]. The Product has failed to conform to express and implied warranties under Alabama law. This letter constitutes formal demand for cure and/or compensation.
THIS IS A FORMAL DEMAND UNDER THE ALABAMA UNIFORM COMMERCIAL CODE AND THE MAGNUSON-MOSS WARRANTY ACT.
I. TRANSACTION BACKGROUND
On or about [DATE], our Client purchased the following:
| Item Description | Quantity | Unit Price | Total |
|---|---|---|---|
| [PRODUCT DESCRIPTION] | [QTY] | $[PRICE] | $[TOTAL] |
| [MODEL/SERIAL NUMBER] |
Purchase Order/Invoice: [NUMBER]
Delivery Date: [DATE]
II. WARRANTIES UNDER ALABAMA LAW
A. Express Warranties - Ala. Code section 7-2-313
Under Alabama Code section 7-2-313, express warranties are created by:
- Any affirmation of fact or promise relating to the goods;
- Any description of the goods; or
- Any sample or model that is part of the basis of the bargain.
You made the following express warranties:
☐ Written Warranty: [QUOTE WARRANTY LANGUAGE]
☐ Advertising/Marketing Claims: [DESCRIBE]
☐ Oral Representations by Sales Personnel: [DESCRIBE]
☐ Product Specifications: [DESCRIBE]
B. Implied Warranty of Merchantability - Ala. Code section 7-2-314
Under Alabama Code section 7-2-314, you impliedly warranted that the Product would be merchantable, meaning at minimum:
- Fit for the ordinary purposes for which such goods are used;
- Of fair average quality within the description;
- Adequately contained, packaged, and labeled;
- Conforming to any promises or affirmations on the container or label.
The Product fails to meet merchantability standards because: [DESCRIBE HOW PRODUCT FAILS]
C. Implied Warranty of Fitness for Particular Purpose - Ala. Code section 7-2-315
Under Alabama Code section 7-2-315, where the seller has reason to know the buyer's particular purpose and that the buyer is relying on the seller's skill or judgment, there is an implied warranty of fitness for that purpose.
Our Client communicated to you that the Product was needed for: [DESCRIBE PARTICULAR PURPOSE]
The Product has failed this warranty because: [DESCRIBE FAILURE]
D. Privity - Alabama's UCC section 7-2-318
Alabama has adopted Alternative B of UCC section 2-318, extending warranty protection to:
"any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty."
[IF APPLICABLE: Our Client is entitled to the benefit of your warranties under this provision because [EXPLAIN].]
III. BREACH OF WARRANTIES
A. The Defects
The Product has the following defects:
Defect #1:
- Description: [DESCRIBE THE DEFECT]
- When Discovered: [DATE]
- Warranty Violated: [EXPRESS/IMPLIED]
Defect #2:
- [CONTINUE AS NEEDED]
B. Notice of Breach
Our Client provided timely notice of the breach as required by Alabama Code section 7-2-607(3)(a):
| Date | Method | Description |
|---|---|---|
| [DATE] | [Method] | [Description of notice] |
| [DATE] | [Method] | [Follow-up request] |
C. Your Failure to Cure
☐ You refused to honor the warranty
☐ Repair attempts were unsuccessful
☐ You failed to respond to warranty claims
☐ The limited remedy has failed of its essential purpose under Ala. Code section 7-2-719(2)
IV. MAGNUSON-MOSS WARRANTY ACT (Consumer Goods)
[IF CONSUMER GOODS:]
The Product constitutes consumer goods under the Magnuson-Moss Warranty Act, 15 U.S.C. section 2301. You have violated the Act by:
☐ Failing to honor your written warranty
☐ Improperly disclaiming implied warranties (prohibited by 15 U.S.C. section 2308)
Under 15 U.S.C. section 2310(d), our Client is entitled to reasonable attorney fees in addition to other damages.
V. DAMAGES UNDER ALABAMA LAW
A. Direct Damages
Under Alabama Code section 7-2-714, damages for breach of warranty include:
| Category | Description | Amount |
|---|---|---|
| Purchase Price / Diminution in Value | $[AMOUNT] | |
| Cost of Repair/Replacement | $[AMOUNT] | |
| SUBTOTAL | $[AMOUNT] |
B. Incidental Damages - Ala. Code section 7-2-715(1)
| Category | Amount |
|---|---|
| Inspection costs | $[AMOUNT] |
| Transportation/shipping | $[AMOUNT] |
| Storage costs | $[AMOUNT] |
| SUBTOTAL | $[AMOUNT] |
C. Consequential Damages - Ala. Code section 7-2-715(2)
| Category | Amount |
|---|---|
| Lost profits | $[AMOUNT] |
| Lost business opportunities | $[AMOUNT] |
| Third-party claims/liabilities | $[AMOUNT] |
| SUBTOTAL | $[AMOUNT] |
D. Prejudgment Interest
At 6% per annum under Ala. Code section 8-8-1: $[AMOUNT]
E. Attorney Fees (Magnuson-Moss)
[IF CONSUMER GOODS:] Under 15 U.S.C. section 2310(d)(2): $[AMOUNT] to date
F. TOTAL DAMAGES DEMANDED: $[TOTAL]
VI. STATUTE OF LIMITATIONS
Under Alabama Code section 7-2-725, the statute of limitations for warranty claims is four (4) years from tender of delivery. This claim is timely.
VII. DEMAND
Within [30] calendar days of your receipt of this letter:
☐ Option A - Monetary Compensation: Pay $[TOTAL] to our Client
☐ Option B - Cure: Provide [REPLACEMENT/REPAIR] AND compensate for consequential damages of $[AMOUNT]
☐ Option C - Revocation of Acceptance: Our Client revokes acceptance under Ala. Code section 7-2-608 and demands:
- Full refund of purchase price: $[AMOUNT]
- Incidental and consequential damages: $[AMOUNT]
- Return of Product at your expense
VIII. CONSEQUENCES OF NON-COMPLIANCE
If this demand is not satisfied, our Client will file suit in Alabama seeking:
- All direct, incidental, and consequential damages
- Prejudgment interest at 6%
- Attorney fees (under Magnuson-Moss if consumer goods)
- Court costs
- Any other appropriate relief
IX. DOCUMENT PRESERVATION
Preserve all records relating to the Product, including design, manufacturing, quality control, and other customer complaints.
Govern yourself accordingly.
Very truly yours,
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME]
Alabama State Bar No. [BAR NUMBER]
Enclosures:
☐ Exhibit A - Written Warranty
☐ Exhibit B - Purchase Documents
☐ Exhibit C - Prior Correspondence/Warranty Claims
☐ Exhibit D - Documentation of Defects
☐ Exhibit E - Damage Calculations
cc: [CLIENT NAME]
[MANUFACTURER, if different from seller]