American Machinist

Court enforces buyer's remedy clause. (Law & Liability).

THERMA-FAB INC. SELLS LARGE METAL PARTS THAT ARE commonly used in the petrochemical industry. Beaver Valley Alloy Foundry Co. fabricates custom metal machine parts. In October 1996, Therma-Fab sent BVA a request for a price quotation on certain metal castings to be used as pipe hangers in a petrochemical furnace.

On October 28, BVA faxed a quotation to Therma-Fab. The second page, which Therma-Fab said it never received, included a provision entitled "Buyer's Remedy" that limited ThermaFab's remedy for defects to repair and replacement. On November 4, Therma-Fab transmitted three purchase orders requesting five metal castings. On the same date, BVA transmitted correspondence acknowledging Therma-Fab's orders. …

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