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Commercial Law Keyed to Lopucki
Supermicro Computer, Inc. v. Digitechnic, S.A
Facts
Defendant made fourteen purchases of computer parts from Plaintiff via phone or email. Plaintiff included a sales invoice and user manual with each shipment that included terms disclaiming warranties and limiting Plaintiff’s liability. When some of the computer parts caught fire, Defendant demanded $200,400 for replacement parts and roughly $6,000,000 in various consequentials. Plaintiff refused claiming the terms of the contract limited Defendant’s remedy to repair and replacement only. Defendant filed suit in France. After over one year of continuing litigation in France, Plaintiff filed this action in North Dakota seeking a declaration that the parts were not defective but failed due to Defendant’s misuse and regardless, Defendant’s only remedy would be repair and replacement.
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