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Contracts Keyed to Kunz
Egan Machinery Co. v. Mobil Chemical Co.
Citation:
660 F. Supp. 35 (D. Conn. 1986).Facts
Defendant submitted bids for the purchase of plaintiff’s precoater machine. Plaintiff then sent defendant “quotations” which described the dimensions and specifics of the machine to be sold as well as the price. Defendant then submitted a purchase order which included a provision which expressly limited acceptance to the terms listed therein. In response, plaintiff submitted an order acknowledgement which stated that the order was accepted on the conditions of plaintiff’s Standard Conditions of Sale which included an indemnity provision. Defendant’s employee was injured in the course of using the machine and therefore plaintiff’s insurer paid $75,000. Plaintiff objects to this payout on the basis of the indemnity provision which they allege was a part of the contract. Defendant claims it was not a part of the contract and therefore moves for summary judgement.
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