DEMAND LETTER ASSIGNMENT

You are President and CEO of Apex Business Systems, Inc. (Apex). Apex, through its purchasing agent, bought a new microwave from Inki Appliances Company (Inki) who sells microwaves on a daily basis. There was no written or oral warranty given when the sale was made. The microwave stopped working one week after it was placed it in the company kitchen. Assume also that nobody misused the microwave or in any way caused it to quit working. The purchasing agent returned the microwave three days after it quit working. The owner of Inki refused to repair or replace the microwave or offer a refund. Prepare a demand letter to be sent to Inki.

The letter should be signed by you as President of Apex. Mr. Terry Spear is the president and owner of Inki, and the address is 1001 Maple Drive, Friendly, MD 00065. Statutory Law:

Section 2-314 of the Maryland Commercial Law Article provides that a "warranty that the goods shall be merchantable is implied . . . if the seller is a merchant with respect to the goods of that kind."

Section 2-104 of the Maryland Commercial Law Article provides that a merchant is a party that deals in goods of the kind involved in the sales contract. Case Law:

An out-of-state case that discusses your potential remedies under teses circumstances is Smith vs. Appliance City. In that case, the Washington supreme court ruled that the seller has three options when an implied warranty is breached: (1) return the purchase price to the buyer, (2) repair the merchandise, or (3) replace the merchandise.

Contents of a Business Letter 1. Letterhead The letterhead usually contains the full name, address, telephone number, and facsimile number of a business (also e-mail address and website location, if any). It is usually on pre-printed stationery and centered at the top of the page. Feel free to make up a letterhead for Apex.

2. Header

All pages after the first page contain an identification of the letter, which is called a header. Therefore, do not put a header on the first page! A header is not a reproduction of the entire letterhead. The header includes the name of the addressee, the date, and the page number. It is placed at the top left or right margin of the page. An example of a header is as follows:

Jon Jones May 5, 1997 Page Three

3. Date The full date is usually placed below the letterhead at the left or right margin, or it also may be centered below the letterhead. The date should include the full date: the day, month, and year. Since most correspondence is filed chronologically, a date is essential for the chronological file. Note that many offices date stamp correspondence when it is received in the office and file it according to that date.

4. Method of Delivery At the left margin, below the date, is the method of delivery. This is usually required only if the manner of delivery is other than the United States mail. Examples are as follows: Via Federal Express Via Hand Delivery Via Facsimile 5. Recipient's Address Block Below the date and method of delivery is the address block of the addressee. It is placed at the left margin. The address block should include:

the name of the person

the individual's title (if any)

the name of the business (if applicable)

the street address

The following is an example of an address block: James Jones, President Jason Thompson Enterprises 220 South Main Street Hanover, OH 00065 6. Reference (Re:) Line A reference line is usually placed at the left margin following the address block. The reference line briefly identifies the topic of the letter. Some forms require that the reference line include the case name and number if the letter concerns a pending lawsuit. The following is an example of a reference line:

Re: Request for Production of Documents Jones vs. Smith, LASC Case NO. A-43521 JK 7. Salutation Below the reference line is the salutation or greeting. Business correspondence is generally formal in tone, and the greeting is normally formal. An example of a greeting follows: Dear Mr. Jones: You may use the first name if you know the addressee well, which is not the case here. If in doubt, use the last name. If you do not know the name of the addressee, such as may be the case when the letter is addressed to a business, contact the business and ascertain the individual's name. To use "To Whom it May Concern" is very impersonal and invites a slow response. A person is likely to respond more quickly when he or she is specifically named.

8. Body The body is the heart of the letter - what the letter is about. The body is usually composed of the three following components:

introduction

main body

requests/instructions

a. Introduction

The body of the letter usually begins with an introductory sentence or paragraph (if necessary) that identifies or summarizes the main purpose of the letter. For example:

This letter is to advise you that" or "This letter is to confirm our conversation yesterday in which you stated that . . . ." b. Main Body

Following the introduction is the main body of the letter. The main body explains in detail the purpose of the letter. Craft the main body with care to ensure that you communicate the required information clearly and concisely. It may be necessary to use an outline when a letter covers multiple or complex matters. The body may require several drafts.

c. Requests/Instructions

In the last section of the body, you should include any requests or instructions for the recipient. For example:

"Please bring with you copies..."

"Please keep a daily diary"

"Please meet me at Division 15 of the court located at ..."

9. Closing The closing follows the body of the letter. The closing usually consists of some standard statement. The following are examples of closings:

"Thank you for your prompt consideration of this matter"

"Please contact me if you have any questions in regard to this matter"

Very truly yours

"Thank you for your assistance"

Best regards"

10. Signature and Title

Following the closing is the signature and title of the person signing the letter. When the individual signing the letter is the representative of an organization, that status should be clearly indicated below the signature line. For example:

___________________ John Jones Vice-President of Widgets, Inc. 11. Initials of the Drafter There is a reference to the author of the letter and the typist. The author's initials are noted in all capitals, and the typist's are noted in lowercase letters. For example: ___________________ John Jones Vice-President of Widgets, Inc.

DJ/ser 12. Enclosure Notation Next, if enclosures, such as contracts, documents, and so on are included with the letter, indicate their presence by typing "Enc" or Encs." at the left margin following the signature. For example:

__________________________ David Jordan, Esq. Attorney at Law DJ/ser Encl. 13. Others receiving copies If other individuals are to receive copies of the letter, indicate by typing "cc" and the name of the individual(s) after the signature and title. This follows the enclosure notation, if any. For instance: __________________________ Paul Brown, Esq. Attorney at Law DJ/ser Encl. cc: Jeffrey G. Comen, Esq. Format of a Business Letter

Two fundamental styles are full block, and modified block. Full block, everything, but the letterhead is flush with the left margin. In modified block, the date is centered, and the signature line can be just right of the center of the page or flush left. The first line of each paragraph is indented. Correspondence reflects the image, reputation and success of a business. The quality of the product is critically important and you should take the utmost care to ensure that your finished product is free from spelling and grammatical errors. Be prepared to perform the number of edits and redrafts necessary to ensure that the final product is professionally prepared. **** idea inspired by William H. Putman.