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Contracts Keyed to Dawson
Richardson v. Union Carbide Indus. Gases, Inc.
Citation:
347 N.J. Super. 524, 790 A.2d 962.Facts
Hoeganaes operated furnace 2S for annealing iron powder and contracted with Rage to purchase a powder transporter system in order to convert the furnace’s use. Rage issued a proposal and Hoeganaes issued a purchase order for the transporter system. Subsequently, the parties issued two more sets of proposals and purchase orders to complete the conversion of furnace 2S. Rage’s proposals and Hoeganaes’ purchase orders each contained terms and conditions. In particular, each form contained an indemnification provision. The indemnification provision in Rage’s form stated that “Purchaser shall indemnify and hold Seller harmless…” whereas Hoeganaes’ form stated that “Seller agrees to indemnify and hold harmless and protect Buyer…” Approximately three years after the conversion, furnace 2S exploded injuring the plaintiff. The plaintiff filed a personal injury suit against numerous defendants including Hoeganaes and Rage. Rage filed a cross-claim against Hoeganaes arguing that it had a duty to indemnify Rage.
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