Fill and Sign the Warranty Product 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; and 3. 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 Code Telephone: ________-_______-______________