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Indemnification Clause Issues — warranty claim denied on technicality

Started by newbie_dev_legal · Mar 28, 2023 · 2,027 views · 4 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
ND
newbie_dev_legal OP

I'm in a difficult situation and trying to figure out my next steps.

warranty claim denied on technicality. I've been dealing with this for about 14 weeks now and the situation isn't improving.

The contract was signed 5 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $52,000.

Am I overthinking this or is this a real legal issue worth pursuing?

CP
ContractLaw_Priya Attorney

I practice in this area. Here's my take on the legal issues.

There are several legal theories that could apply here. The strongest is probably UCC Article 2, which requires showing a material breach.

You should consult with a local attorney who handles these cases. Many offer free initial consultations.

SB
SmallBizOwner_NYC

Not a lawyer, but I have direct experience with this.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

TR
TruckerRights_OH

I went through almost the exact same thing.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

VA
VCAnalyst_SF

I've dealt with this before.

What worked for me was having everything documented. It took 3-6 months but was worth it.

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