Fill and Sign the Warranty Fitness Form

IN THE ___________________COURT OF _________________ (County), _______________________________ (State) ___________________________________ PLAINTIFF(Name of Plaintiff)V.CAUSE NO. _______,____________________________________________ DEFENDANT(Name of Defendant) COMPLAINT COMES NOW ________________________________ (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendant, __________________________________ (Name of Defendant), and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of _________________________________________ _________________________ (city, county, state). 2. Defendant, ___________________________________ (Name of Defendant), is, and at all times mentioned was, a corporation, organized and existing under the laws of ______________________________ (name of state), with its principal place of business located at ____________________________________________________________________________ ____________________________ (street address, city, county, state, zip code). 3. On or about ____________________________________ (date), Plaintiff needed to purchase a certain kind of (describe product; e.g., document scanner) _____________________ ______________________________________________________________ for the particular purpose of (e.g., scanning documents to a particular brand of computer) _________________ _____________________________________________________________________________ _____________________________________________________________________________. 4. Plaintiff relied on Defendant's skill and judgment to sell to Plaintiff (e.g. the document scanner) _____________________________________________ for the purpose described, which sale occurred on ____________________________________ (date), at Defendant’s place of business located at ____________________________________________________________ _________________________________ (street address, city, county, state, zip code). The purchase price for the (e.g., document scanner) __________________________________, was $__________________. At the time of the sale of the (e.g., document scanner) _____________ ____________________________ by Defendant to Plaintiff, Defendant knew and was well aware of Plaintiff's purpose in purchasing the (e.g., document scanner) ___________________ _______________________, since Plaintiff and Defendant talked at length concerning that purpose. Also, Defendant knew that Plaintiff would not have purchased the (e.g., document scanner) _____________________________________, unless it was compatible with (e.g., Plaintiff’s computer) _________________________________________. A copy of the sales receipt is attached as Exhibit A, and incorporated by reference. 5. Since Defendant knew, at and prior to the date of sale, of Plaintiff's purpose in purchasing the (e.g., document scanner) __________________________________________________, and also knew that Plaintiff was relying on Defendant's knowledge, skill, and judgment in purchasing the (e.g., document scanner) ___________________________________________________, an implied warranty of fitness arose on behalf of Plaintiff that the (e.g., document scanner) __________________________________________________, was fit for the described purpose. 6. However, Defendant breached the warranty of fitness implied at the time of sale, in that the (e.g., document scanner) _________________________________________ purchased by Plaintiff was not fit for the particular purpose for which it was required, since (e.g., the document scanner was not compatible Plaintiff’s computer) ___________________________ ____________________________________________________________________________________________________________________________________________________________ _____________________________________________________________________________. 7. On ________________________________________ (date), Plaintiff notified Defendant of the above described breach of warranty. A copy of the notice is attached as Exhibit B , and incorporated by reference. 8. As a proximate result of the breach of warranty by Defendant, Plaintiff has been damaged in the amount of $______________________, which represents the cost of the (e.g., document scanner) ______________________________________________ since Defendant has refused to take it back and/or refund the payment made by Plaintiff of $________________. Wherefore, Plaintiff requests judgment against Defendant for:1. Damages in the amount of $___________________;2. Attorney’s fees and other costs of suit; and3.Such other and further relief as the Court deems just and proper.Witness my signature this the _____ day of _______________________, 20____.Respectfully submitted, __________________________________________ (Name of Plaintiff) By: ______________________________________ (Name of Plaintiff’s Attorney) State Bar No. __________________ One of His Attorneys OF COUNSEL: __________________________________________(Name of Plaintiff’s Attorney)Post Office Box _________-___________________________________________________________________________City, State, Zip CodeTelephone: ________-_______-______________