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Contracts Keyed to Dawson
Allied Steel and Conveyors, Inc. v. Ford Motor Co.
Facts
First purchase order contained indemnity provision which narrowly applied to damages caused by the Negligence of Allied’s employees. It attached a broader indemnity form page which would make Allied also responsible for the negligence of Ford employees in connection with the work. This page was marked VOID. Amendment 2 to Purchase order contained same provision and attached same additional indemnity form which this time was not marked VOID. But also contained the additional language that “acceptance should be executed on acknowledgement copy which should be returned to the buyer.” Employee was injured several months before the acknowledgement copy of the second purchase order was executed, but was in the course of performing work related to the second purchase order.
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