DEMAND LETTER - BREACH OF WARRANTY
State of Arkansas
[LAW FIRM NAME]
[FIRM ADDRESS]
[CITY], Arkansas [ZIP]
Tel: [TELEPHONE]
Arkansas Bar No. [BAR NUMBER]
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[DATE]
[RECIPIENT NAME]
[COMPANY NAME]
[ADDRESS]
[CITY, STATE ZIP]
Re: BREACH OF 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.
I. WARRANTIES UNDER ARKANSAS LAW
A. Express Warranties - Ark. Code Ann. section 4-2-313
[DESCRIBE]
B. Implied Warranty of Merchantability - Ark. Code Ann. section 4-2-314
The Product fails to be merchantable because [DESCRIBE].
C. Implied Warranty of Fitness - Ark. Code Ann. section 4-2-315
[IF APPLICABLE]
II. BREACH AND NOTICE
Defects: [DESCRIBE]
Notice Given: [DATE] per Ark. Code Ann. section 4-2-607(3)(a)
Your Failure to Cure: [DESCRIBE]
III. DAMAGES
| Category | Amount |
|---|---|
| Direct Damages | $[AMOUNT] |
| Incidental Damages | $[AMOUNT] |
| Consequential Damages | $[AMOUNT] |
| Prejudgment Interest (6%) | $[AMOUNT] |
| TOTAL | $[TOTAL] |
IV. STATUTE OF LIMITATIONS
Under Ark. Code Ann. section 4-2-725, warranty claims must be brought within 4 years. This claim is timely.
V. DEMAND
Within [30] days, pay $[TOTAL] or provide conforming replacement.
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME]
Arkansas Bar No. [BAR NUMBER]
cc: [CLIENT NAME]