CACI VF-3202 Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities—Affirmative Defense—Unauthorized or Unreasonable Use (Civ. Code, § 1793.2(d))

VF-3202 Failure to Repurchase or Replace Consumer Good After Reasonable Number of Repair Opportunities—Affirmative Defense—Unauthorized or Unreasonable Use (Civ. Code, § 1793.2(d))

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We answer the questions submitted to us as follows:

1.Did [name of plaintiff] buy [a/an] [consumer good] [from/distributed by/manufactured by] [name of defendant]?

 Yes   No

If your answer to question 1 is yes, then answer question 2. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

2.Did [name of defendant] give [name of plaintiff] a warranty?

 Yes   No

If your answer to question 2 is yes, then answer question 3. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

3.Did the [consumer good] fail to perform as represented in the warranty?

 Yes   No

If your answer to question 3 is yes, then answer question 4. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

4.Was the failure to comply with the warranty caused by unauthorized or unreasonable use of the [consumer good] following its sale?

 Yes   No

If your answer to question 4 is no, then answer question 5. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

5.Did [name of defendant] or its authorized repair facility repair the [consumer good] to conform to the [written statement/represented quality] after a reasonable number of opportunities?

 Yes   No

If your answer to question 5 is no, then answer question 6. If you answered yes, stop here, answer no further questions, and have the presiding juror sign and date this form.

6.Did [name of defendant] fail to replace the [consumer good] or reimburse [name of plaintiff] the appropriate amount of money?

 Yes   No

If your answer to question 6 is yes, then answer question 7. If you answered no, stop here, answer no further questions, and have the presiding juror sign and date this form.

7.What amount is [name of plaintiff] entitled to receive as reimbursement for the [consumer good]? Calculate as follows:

	Determine:	Purchase price of the [consumer good]:	$
	Subtract:	Value of use by [name of plaintiff] before [he/she/nonbinary pronoun/it] discovered the defect:	$
	Subtract:	The amount, if any, that [name of defendant] previously reimbursed [name of plaintiff] for the [consumer good]	$
		TOTAL	$

[Answer question 8.]

[8.What amount is [name of plaintiff] entitled to recover for [insert item(s) of claimed incidental damages]? $]

After [this verdict form has/all verdict forms have] been signed, notify the [clerk/bailiff/court attendant] that you are ready to present your verdict in the courtroom.

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