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Contracts Keyed to Whaley
Princess Cruise Lines, Inc. v. General Electric Co.
Citation:
United States Court of Appeals, Fourth Circuit, 1998, 143 F.3d 828.Facts
Princess Cruise Lines, Inc. (Plaintiff) scheduled its ship the SS Sky Princess for routine inspection and repairs by General Electric Co. (Defendant). Plaintiff sent defendant a purchase order with a proposed contract for their services. Defendant sent plaintiff a fixed price quotation for its services, including a more detailed description of the work to be done, the parts to be used, and the terms and conditions of service. Defendant rejected plaintiff’s purchase order and the parties agreed that the fixed price quotation would govern. Plaintiff gave defendant permission to start the work and paid defendant in full. During the inspection process, Defendant noticed that the ship’s rotor was rusted and recommended that it be cleaned. Plaintiff agreed to the cleaning, however the rotor was damaged in the cleaning process. Due to the delays in repair, plaintiff had to cancel a scheduled cruise for the ship.
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