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Contracts Keyed to Fuller
MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D’Agostino, S.P.A.
Citation:
144 F.3d 1384 (11th Cir. 1998)Facts
In October 1990, MCC’s president, Juan Carlos Monzon, met with D’Agostino representatives at a trade fair in Bologna, Italy, where they negotiated an agreement for the purchase of ceramic tiles. Monzon, who spoke no Italian, communicated through a translator who was an agent of D’Agostino. The parties reached an oral agreement on price, quality, quantity, delivery, and payment terms, which they recorded on D’Agostino’s standard pre-printed order form. The form, printed in Italian, contained terms on both the front and reverse, including a statement directly beneath the signature line acknowledging awareness of the sales conditions on the reverse. These conditions included provisions allowing D’Agostino to suspend or cancel contracts for nonpayment and requiring written complaints about defects within ten days. MCC later claimed that despite signing the form, the parties never intended to be bound by the terms on the reverse.
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