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Contracts Keyed to George
Nordyne, Inc. v. International Controls & Measurements Corp
Facts
For around 10 years, Nordyne, Inc. (Nordyne) (plaintiff) obtained from International Controls and Measurements Corporation (ICM) (defendant) electronic defrost control panels for use in its manufacture heating, ventilation, and air conditioning equipment. After it started manufacturing another alternative of the control panel to Nordyne's specifications, ICM sent a price quotation to Nordyne to address its issues. The quote included quantity, value, a period in which to acknowledge, and noticed that shipment would be "net 30 days; F.O.B. Syracuse, New York" and that all requests were non-cancelable and non-refundable. From there on, Nordyne asked for samples of the new control panel which ICM conveyed with a letter expressing that if Nordyne was happy with the panels to "approve" the document and return it back to ICM so it could satisfy the organization's production requirements. Nordyne acknowledged ICM's offer and started accepting shipments of the new control panel. After Nordyne experienced issues with the panel, it documented suit in federal court against ICM for breach of warranty. ICM recorded a motion to dismiss the complaint about improper venue based on a forum-selection clause contained in the signed documentation. The district court granted ICM’s motion. Nordyne appealed.
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