DEMAND LETTER - BREACH OF WARRANTY
State of Arizona
[LAW FIRM NAME]
Attorneys at Law
[FIRM ADDRESS]
[CITY], Arizona [ZIP]
Tel: [TELEPHONE]
State Bar of Arizona 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 on [DATE]. The Product has failed to conform to express and implied warranties under Arizona law.
I. TRANSACTION
| Product | Qty | Price | Total |
|---|---|---|---|
| [DESCRIPTION] | [QTY] | $[PRICE] | $[TOTAL] |
II. WARRANTIES UNDER ARIZONA LAW
A. Express Warranties - A.R.S. section 47-2313
[DESCRIBE EXPRESS WARRANTIES MADE]
B. Implied Warranty of Merchantability - A.R.S. section 47-2314
The Product fails to be merchantable because [DESCRIBE DEFECTS].
C. Implied Warranty of Fitness - A.R.S. section 47-2315
[IF APPLICABLE: The Product fails to meet the particular purpose for which it was purchased.]
III. BREACH AND NOTICE
Defects: [DESCRIBE]
Notice Given: On [DATE], our Client provided timely notice under A.R.S. section 47-2607(3)(a).
Your Failure to Cure: [DESCRIBE]
IV. DAMAGES
| Category | Amount |
|---|---|
| Purchase Price/Diminution in Value | $[AMOUNT] |
| Incidental Damages (A.R.S. 47-2715(1)) | $[AMOUNT] |
| Consequential Damages (A.R.S. 47-2715(2)) | $[AMOUNT] |
| Prejudgment Interest (10%) | $[AMOUNT] |
| Attorney Fees | $[AMOUNT] |
| TOTAL | $[TOTAL] |
V. STATUTE OF LIMITATIONS
Under A.R.S. section 47-2725, 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 $[AMOUNT] for consequential damages
VII. CONSEQUENCES
Failure to comply will result in litigation seeking all damages plus attorney fees under A.R.S. section 12-341.01 and Magnuson-Moss (if applicable).
[LAW FIRM NAME]
By: _______________________________
[ATTORNEY NAME]
State Bar of Arizona No. [BAR NUMBER]
Enclosures:
☐ Warranty
☐ Purchase Documents
☐ Defect Documentation
cc: [CLIENT NAME]