American Machinist

Court upholds contract clause. (Law & Liability).

IN 1995, IMAGE PLASTICS INC., A WISCONSIN COMPANY that recycles and reprocesses plastics, needed a machine that would grind up plastic snow fencing. Gregory Harm, Image's president, contacted Arlington Plastics Machinery, an Illinois corporation that buys and sells used plastics-processing equipment. Harm went to the Arlington plant, where he tried out a machine that ground plastic snow fencing and decided to buy it. Harm signed a sales order form prepared by Arlington. The one-page form contained language on the back that stated that Image would indemnify and hold Arlington harmless "from any and all claims that may hereafter at any time be asserted by any subsequent owner or user of the items sold hereunder ... arising from any purported defect in the items or by reason of these items. …

Log in to your account to read this article – and millions more.