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Contracts Keyed to Blum
Polytop Corporation v. Chipsco, Inc.
Citation:
826 A.2d 945 (2003)Facts
In January 1999, Chipsco gave Polytop a quote for a specific mold. Three weeks later, Polytop ordered some. In August 1999, Polytop ordered a second type of mold based on an April 1, 1999 quote. In the “terms and conditions” portions of Chipsco’s quotes were arbitration agreements. Polytop believed both molds were delivered late and were low quality. Polytop brought a claim for a breach of contract, but Chipsco argues that the contract included a clause stating that all contract disputes should be resolved through arbitration. Polytop claims that this was not part of the contract because its purchase orders included a phrase stating: “Please enter our order for the following subject to the terms and conditions below and attached hereto and made a part hereof. Any additional or different terms proposed by seller are rejected unless expressly assented to in writing by buyer’s authorized agent.” Polytop claims that this language and the lack of any express agreement of such a clause, amounted to a rejection of the arbitration clause.
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