demand letter (1)

docx

School

University of Texas, Rio Grande Valley *

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Course

3300 9L

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

1

Uploaded by UltraLightningDugong8108

Report
Law Offices of Alice Black 1000 Rouge Court Friendly, New Washington 00065 (202) 653-8612 ● Fax: (202) 654-8613 www.blacklegalgroup.com Via States of New America Postal Service Mr. Terry Spear President/Owner Inki Appliances Company 1001 Maple Drive Friendly, NW 00065 Re: Demand for refund, repair, or replacement for Nuur Microwave Dear Terry Spear, Our legal services has been retained by Mrs. Martha Tatum in regards to her purchase of a defective product purchased at Inki Appliances, which is owned by you, Terry Spear. The transaction took place on November 22, 2019 for a total of $312.50. After a week of purchase, the Nuur Microwave stopped working but after returning to Inki Appliances, she was denied any sort of compensation. She asks that you either refund, repair, or replace said Nuur Microwave. According to New Washington statutes, Section 50-102-314, our client Mrs. Tatum is legally entitled to a refund. The statutory law provides “a warranty that the goods shall be merchantable is implied…if the seller is a merchant with respect to the goods of that kind”. Since you are a merchant and Mrs. Tatum did not misuse the microwave in any such way to cause it to stop working, you are responsible for these damages. In Smith v. Appliance City, the New Washington Supreme Court ruled that the seller (You) has three options when an implied warranty is reached: refund the purchase price to the buyer (Tatum), repair the merchandise (Nuur Microwave) or replace the merchandise (Nuur Microwave). We encourage you to act in good faith to either refund, repair, or replace the Nuur Microwave Mrs. Tatum had purchased from your store. If you do not meet these demands, we will have no choice but to file a civil court claim against you. Thank you for your time. Sincerely, Alice Black Attorney at Law
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