Katherine L. Pullen and Katelyn D. Crysler on the magic words of a warranty dispute, here, for the Ahead of the Curve Auto Supplier Blog. They say in part,
Under Michigan’s UCC, in order to recover for defective parts after accepting them, a buyer must notify the seller of the breach of warranty “within a reasonable time” after it discovers or should have discovered the breach. Stated differently, to recover on a breach of warranty claim, the buyer’s notice must be both timely and the content of the notice must be sufficient. Failure to provide adequate notice will bar the buyer from any remedy associated with nonconforming goods.
Michigan courts take a strict view of the notice requirement. The courts hold that a buyer’s notice of nonconformity must specifically inform the seller that the buyer believes the seller to be in breach of the warranty. In other words, the buyer must actually utter the magic words: “You are in breach of the warranty.” Failure to do so may be fatal to the buyer’s breach of warranty claim.
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