Supplier Breach of Warranty Attorney for Florida Businesses

A supplier breach of warranty claim lets a business buyer seek a remedy when goods don’t match what the seller promised. Florida’s rules on a seller’s express warranties for goods are set out in Fla. Stat. § 672.313, which is part of Chapter 672 of the Florida Statutes. This page explains the warranties, an important notice step, and the options that follow. KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach.

What a Supplier Breach of Warranty Claim Is and Who It Covers

A breach of warranty claim happens when a seller promises something about goods and the goods fall short of that promise. The claim focuses on what was sold and whether it matched the promise.

A warranty here is a promise about the goods themselves. It is not only a printed card in the box. A seller’s statements, descriptions, and samples can create one when they relate to the goods and become part of the basis of the bargain.

These claims usually come from owners and managers who buy equipment, inventory, raw materials, or parts. The business that made the purchase is the one with the claim.

Special legal wording is not required. Under Fla. Stat. § 672.313, a warranty can arise without formal words. A delivery that does not match the order can also lead to a dispute under the contract itself.

The Warranties Florida Law Attaches to Goods

Under Fla. Stat. § 672.313, an express warranty can arise from a seller’s affirmation of fact or promise, a description of the goods, or a sample or model that becomes part of the basis of the bargain. Each one covers a different question about the goods.

• Express warranties. Under Fla. Stat. § 672.313, a seller’s statement of fact or promise can create a warranty when it becomes part of the basis of the bargain. Spec sheets, quotes, and written sales claims are worth reviewing. A mere opinion or praise does not create one.
• Florida’s definition of a merchant, in § 672.104, is a definition only and does not itself create a warranty: a merchant is a person who deals in goods of the kind or otherwise by occupation holds himself or herself out as having knowledge or skill peculiar to the practices or goods involved, or to whom such knowledge or skill may be attributed by his or her employment of an agent or broker or other intermediary.
• Under Fla. Stat. § 672.315, if the seller at the time of contracting has reason to know your particular purpose and you rely on the seller’s skill or judgment to select suitable goods, the goods are implied to be fit for that purpose unless excluded or modified.
• Disclaimers. Under Fla. Stat. § 672.316, “as is” language can exclude implied warranties unless the circumstances suggest otherwise. A written disclaimer of merchantability must mention the word and be conspicuous.

Examination also matters. If you examined the goods or the sample or model before buying as fully as you desired, or refused to examine them, there is no implied warranty as to defects the examination ought to have revealed under § 672.316(3)(b). Start by collecting the purchase order, invoice, specifications, and emails.

Defective Goods and Failed Deliveries: When Goods Do Not Conform

Goods do not conform when they differ from what the contract or the seller’s promises describe. Common examples include:

• Late, short, or wrong-quantity shipments
• Wrong items or mixed batches
• Goods damaged on arrival
• Materials that miss stated specifications
• Equipment that does not perform as described
• Parts with hidden defects that show up after installation

Your rights change once you accept the goods. It occurs when you signal the goods conform, keep them despite a problem, fail to make an effective rejection after a reasonable chance to inspect, or do something inconsistent with the seller’s ownership (if that act is wrongful against the seller, it counts as acceptance only if the seller ratifies it).

The Notice Step Buyers Often Miss

Once you accept goods, you must notify the seller of any breach within a reasonable time after you discover or should have discovered it. If you don’t, you may be barred from any remedy. This is a step that buyers should not overlook.

Under Fla. Stat. § 672.607, the clock starts when you discover, or should have discovered, the breach. Waiting can weaken a claim even when the defect is clear.

A clear written notice should name:

• The order or invoice number
• The specific goods involved
• The problem, such as a shortage or a failed specification
• The date you found it
• The remedy you want

Under the same statute, you carry the burden to prove a breach for goods you accepted. You also generally must pay the contract rate for goods you accept.

Keep your evidence. Save photos, delivery receipts, inspection reports, test results, emails, and records of how the goods were stored and used. Where practical, let the seller inspect the goods before you discard or resell them.

Remedies Available to Florida Buyers

The remedy depends on the contract, the warranty involved, and what happened to the goods. Common requests include a refund, a replacement, a credit, or help covering a substitute purchase.

Accepting goods does not automatically end every claim. Under § 672.607(2), acceptance “does not of itself impair any other remedy provided by this chapter for nonconformity.” Accepting goods, though, generally ends the right to reject them. Accepting them with knowledge of a defect means you cannot revoke acceptance because of it, unless you accepted on the reasonable assumption that the defect would be seasonably cured.

Some contracts limit remedies or include unfair terms. Under § 672.302, if the court finds as a matter of law that a contract or clause was unconscionable when made, it may refuse to enforce the contract, enforce the rest without that clause, or limit the clause. Florida courts have also looked at both procedural and substantive unfairness.

Lawsuits also have filing deadlines. Waiting too long can cost you options.

How KEW Legal Handles the Demand and Recovery

KEW Legal starts with the paperwork, then puts the demand in writing and works to resolve it with the supplier. The process follows these steps:

1. Review the file. We look at the purchase documents, specifications, delivery records, and evidence of the problem.
2. Assess the claim. We identify which warranties apply, whether any disclaimer is conspicuous, and whether notice went out in time.
3. Send a written demand. The demand names the breach, the remedy sought, and a response deadline.
4. Negotiate. We discuss refund, replacement, credit, or payment terms with the supplier and document each exchange.
5. Review formal options. If the supplier does not resolve the matter, we discuss litigation or other paths with you, including timing and cost.

Our business contract and vendor dispute work also focuses on keeping operations moving. That can include advice on holding goods, paying undisputed amounts, and managing customer commitments while the dispute is open.

Why Work With KEW Legal on a Supplier Warranty Matter

KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. It acts as outside general counsel for business owners and investors across Miami-Dade and South Florida.

Kristina E. Wilson is the lawyer responsible for this page. Natalie Martinez is also one of our lawyers. Our lawyers and our team review purchase documents, prepare notices and demands, and coordinate next steps with each client.

The firm’s business contract and vendor dispute work serves business clients. Each dispute turns on its own documents and timeline. That is why the first step is a close look at the actual contract, invoices, and delivery records.

Frequently Asked Questions

Talk With KEW Legal About Your Defective Shipment or Failed Delivery

If a pallet of materials fails specification, or equipment never performs as sold, the paperwork and timing matter now. The same is true when an order arrives short and halts production.

You can call KEW Legal at 305-990-2300 or send us a message. We’ll review your purchase documents and delivery records and talk through your notice and remedy options.