COMPUTER HARDWARE DEFECT CLAIMS

                                                                ____________________           

Various claims may be brought for hardware defects on various theories.

Implied Warranty of Merchantability for Defective hardware 

There may be an implied warranty that goods are reasonably fit.  The Uniform Commercial Code (UCC) governs sales of goods and it provides:

Goods to be merchantable must be at least such as

(a) pass without objection in the trade under the contract description;  ...nd

(c) are fit for the ordinary purposes for which such goods are used; and

              (e) are adequately contained, packaged, and labeled as the agreement may require; and

(f) conform to the promises or affirmations of fact made on the container or label if any.

The UCC applies to good and one issues whether hardware constitutes a good.
 
If the UCC applies, the question is then whether the hardware is defective.  Expert testimony and other evidence may be needed to show a defect and that problems are due to defective hardware rather than other causes.

Breach of Express Warranty for Hardware Defect

Sometimes a seller may give an express warranty.   The typical express warranty states it will repair goods for a specified period of time like two years.  Breach of express warranties can be brought if the seller fails to satisfactorily repair the product.

Another type of express warranty claim is possible.   UCC 2-313 states:

"Express warranties by the seller are created as follows:

(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.

(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.

(c) Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

(2) It is not necessary to the creation of an express warranty that the seller use formal words such as "warrant" or "guarantee" or that he have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller's opinion or commendation of the goods does not create a warranty."

Warranty Disclaimers  Disclaimers may be enforced.  A disclaimer of any implied warranty may be part of a disclosure or contract in a commercial setting.  Disclaimers of express warranties are more difficult.  The UCC attempts to harmonize express warranties and disclaimers.    

Monetary Threshold Issues.

Legal issues arise, and some lawyers will be unable to handle a claim involving hardware costing less than $1,000.  Class actions are possible. 

QUALIFICATIONS AND EXPERIENCE OF THIS LAW OFFICE

Howard A. Gutman has successfully handled over 200 lemon law and automobile breach of warranty cases. He is the author of the leading article on the lemon law published in the New Jersey Law Journal. He also wrote the Year 2000 Legal Handbook, a book dealing with computer warranties.  

Prior to establishing his practice, Mr. Gutman was employed by one of the leading law firms in New Jersey and a prominent international law firm located in the Wall Street area. He has appeared on Good Day New Jersey been interviewed by NBC Nightly News and Newsday, and his cases have been profiled in the Star Ledger, Bureau of National Affairs Magazine, and New York Times.

Law Offices of Howard A. Gutman,
230 Route 206, Flanders, New Jersey 07836
(973) 598-1980, E-mail Howian@aol.com
Fax (973)598-1982

New York Office
305 Madison Avenue, Suite 449
New York, New York 10165 (212) 886-4838

FREE INITIAL CONSULTATION  

We offer a free initial telephone consultation to discuss your lemon law case. Please feel free to call or e-mail our office.

defective software, legal claim, computer hardware breach, warranty and software, hardware, comptuer defect,  bug, defect, claim, warranty, hardware failure.