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Contracts Keyed to Epstein
SFEG-Corp. v. Blendtec, Inc.
Citation:
91 UCC Rep.Serv.2d 878, 2017 WL 395041 (2017)Facts
Plaintiff-seller, SFEG brought an action against a buyer, Blendtec, regarding the terms of their commercial transactions. In February 2011, SFEG agreed to begin manufacturing and supplying certain component parts for Blendtec’s use in its blender motors. By March 2015, the parties’ relationship had completely unraveled. SFEG filed suit against Blendtec asserting claims for breach of contract and seeking damages. Thereafter, Blendtec filed an answer, denying liability, and a counterclaim, alleging that SFEG’s part sets and brushes were defective. SFEG asserts that Blendtec’s claims are generally barred by SFEG’s Terms & Conditions. Blendtec moved for summary judgment on SFEG’s defenses or in the alternative that SFEG’s “Terms and Conditions of Sale” are not part of the contract.
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