COUNT II BREACH OF IMPLIED WARRANTY PURSUANT TO THE MAGNUSON-MOSS WARRANTY ACT MANUFACTURER
29. Plaintiffs re-allege and incorporate by reference as though fully set forth herein, all paragraphs of this Complaint set forth above. 30. The 540i leased by Plaintiffs was subject to an implied warranty of merchantability as defined in Ohio Rev. Code § 2301(7), running from the Manufacturer to the Plaintiffs herein. 31. Manufacturer is a supplier of consumer goods as a "person" engaged in the business of making a consumer product directly available to Plaintiffs. 32. Manufacturer is prohibited from disclaiming or modifying any implied warranty when making a written warranty to the consumer. 33. Plaintiffs' 540i was impliedly warranted to be substantially free of defects and nonconformities in both material and workmanship, and thereby fit for the ordinary purpose for which the 540i was intended. 34. The above-described defects and nonconformities present in the 540i render the 540i unmerchantable, unsafe, and thereby not fit for the ordinary and essential purpose for which the 540i was intended, as represented by Manufacturer. 35. As a result of the breaches of implied warranty by Manufacturer, Plaintiffs are without the reasonable value of the 540i and Plaintiffs have suffered and continues to suffer various damages, including attorneys' fees incurred in connection with this action. WHEREFORE, Plaintiffs, JOHN R. SAIN, III and ELENA SAIN, pray for judgment against Manufacturer as follows: a. Return of all monies paid or diminution in value of the 540i, and all incidental and consequential damages incurred, including, but not limited to, all finance charges incurred; b. All reasonable attorneys' fees, witness fees, court costs and other fees incurred by Plaintiffs; and c. Such other and further relief that this Court deems just and appropriate.