Plaintiff would be pleading that defendant breached the warranty contract. In Arkansas, the burden of proof stays on the plaintiff, as illustrated by AMI Civil 2004, 3001:
“AMI 3001 ISSUES—BREACH OF CONTRACT
Plaintiff claims that defendant breached a contract and has the burden of proving each of four essential propositions:
First, that plaintiff and defendant entered into a contract;
Second, that the contract required defendant to perform or not to perform a certain act;
Third, that plaintiff did what the contract required of him and
Fourth, that defendant did not do what the contract required of him.
If you find that the plaintiff has proved each of these propositions, then your verdict should be for plaintiff. If, however, plaintiff has failed to prove any one or more of these propositions, then your verdict should be for defendant.”
The burden of proof is clearly on plaintiff and the back breaker is item number three - the potential plaintiff will have to prove compliance with the manufacturers warranty requirements.
If you were plaintiff, you would really have to worry about having a verdict directed against you. If the case got to the jury, the defendant would certainly have wanted the following instruction given to the jury:
“AMI 3027 BREACH
The parties dispute whether plaintiff did what the contract required of him. A party's failure to do what the contract required of him is a "breach" of the contract.
A "material breach" is a failure to perform an essential term or condition that substantially defeats the purpose of the contract for the other party. A material breach excuses the performance of the other party. A breach that is not material does not excuse the performance of the other party.”
Plaintiff would want this instruction given, instead:
“AMI 3028 SUBSTANTIAL PERFORMANCE
The parties dispute whether plaintiff did what their contract required of him. A party may recover on a contract even if he did not do everything that the contract required of him if his performance was substantial.
Plaintiff contends and has the burden of proving that he substantially performed his contract with defendant. Substantial performance cannot be determined by a mathematical rule. In determining whether performance was substantial, you should consider the following factors:
(1) The extent to which defendant will be deprived of the benefit that he reasonably expected;
(2) The extent to which defendant can be adequately compensated for the benefit of which he will be deprived;
(3) The extent to which plaintiff will suffer forfeiture;
(4) The likelihood that plaintiff will cure his failure, taking into account all circumstances, including any reasonable assurance that the failure will be cured; and
(5) The extent to which the behavior of plaintiff is consistent with standards of good faith and fair dealing.”
I just cherry picked a few instructions out of the dozens that would be given to a jury if this matter were to be tried - you can’t really say what the instructions will be until you know all of the facts that come out at trial, but the above ones would probably be in the set ....
Additionally, Arkansas has another statute A.C.A. 16-22-308, that allows, but does not require, costs and attorney fees to be taxed against the losing party in certain proceedings, including breach of contract suits - a sobering thought if you think you could be on the losing end of litigation ...