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Contracts Keyed to Dawson
Weber Manufacturing Technologies, Inc. v. Plasan Carbon Composites, Inc.
Citation:
2016 WL 4073545.Facts
Weber and Plasan had a dispute over a production contract. Plasan asserted that following statements on Weber’s website constituted express warranties and were admissible at trial:
• “Excellence in Class ‘A’ body panels for hoods, deck lids, fenders, doors and quarter panels.”
• “Tooling solutions for pickup truck boxes, fan shrouds, grille opening panels, rear end panels, lift gate panels, engine covers, oil pan covers and valve covers.”
• “Full range of tooling for Automotive applications, both Interior & Exterior.”
• “Tooling designed and built for either prototype or production runs.”
• “Weber Manufacturing Technologies Inc. is committed to producing high quality tools that meet or exceed all customer requirements. Using dedicated project management from the early stages of conceptual tool design to the final delivery of the completed mold, we provide total customer satisfaction through every stage of the project.”
• “We are committed to achieving total customer satisfaction in all aspects of our business and hold ourselves to the highest standards for superior quality, well-designed and constructed products, state of the art technology, on-time delivery, and world-class value.”
• “Certified dimensional accuracy is critical on all of our projects. Every tool we supply is fully inspected, using one of our in-house CMM machines. All critical mold features are checked to customer supplied CAD part data. Comprehensive inspection reports are provided to satisfy a wide variety of customer specifications.”
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Interpretation of the Contract