A breach of warranty claim occurs when a product or service fails to meet the terms of a warranty agreement. A warranty is a promise made by a seller or manufacturer that guarantees the quality, fitness, or performance of a product or service.

To make a breach of warranty claim, the consumer must demonstrate the following:

1. Existence of a warranty: The consumer must establish that a warranty was provided by purchasing the product or service. This can be in the form of a written warranty, an express warranty made by the seller, or an implied warranty, which is automatically provided under law.

2. Breach of the warranty: The consumer must show that the product or service does not meet the standards set forth in the warranty agreement. This could include defects, malfunctions, or failure to perform as expected.

3. Notice and opportunity to fix the issue: In many cases, the consumer must notify the seller or manufacturer of the warranty breach and provide them with an opportunity to repair or replace the product or service.

4. Damages suffered: The consumer must prove that they have suffered some form of harm or economic loss as a result of the breach of warranty. This can include the cost of repairs, replacement, or other damages suffered due to the faulty product or service.

Depending on the circumstances, breach of warranty claims can be resolved through negotiation, mediation, or litigation. Consumers may be entitled to various remedies such as refund, replacement, repair, or compensation for damages.

It is advisable for consumers to review the specific terms of the warranty agreement and seek legal advice if they believe they have a valid breach of warranty claim.