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Contracts Keyed to Fuller
Office Pavilion S. Florida, Inc. v. ASAL Prods., Inc.
Facts
As a subsidiary of Herman Miller, Inc. (Herman Miller), Office Pavilion S. Florida, Inc. (Defendant) distributes Herman Miller office supplies and furniture. ASAL Products, Inc. (Plaintiff) is an office supply company that sought to resell Herman Miller keyboards. Plaintiff negotiated a contract for keyboards with Gary Kemp, Defendant’s sales manager. The contract specified that Defendant would provide within thirty days as many keyboards as Plaintiff ordered, up to a maximum of 2,000 orders per month. Plaintiff was required to order at least 1,000 units per year. The unit prices were set forth in a separate writing. After the contract had been executed, Plaintiff sought to amend the contract to include the sale of Herman Miller chairs. By a letter drafted by Kemp and forwarded to Plaintiff, the parties agreed that the terms and conditions of the contract would govern the sale of the chairs, except for the delivery and quantity terms. The letter specified that Defendant would supply Plantiff with chairs within established lead times. The parties later executed an addendum that listed the price structure for the chairs. Plaintiff later ordered 2,480 chairs. Kemp informed Plaintiff that Defendant would not fulfill the order. Plaintiff sued Defendant for breach of contract. The trial court ruled in favor of ASAL and awarded it $4,000,000.00 in damages.
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