Coastal & Native Plant Specialties v. Engineered Textile Products

139 F. Supp. 2d 1326 (2001)

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Coastal & Native Plant Specialties v. Engineered Textile Products

United States District Court for the Northern District of Florida
139 F. Supp. 2d 1326 (2001)

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Facts

Engineered Textile Products, Inc. (ETP) (defendant) ordered polyvinyl chloride (PVC) lining material manufactured by Occidental Chemical Corporation (OxyChem) (defendant). OxyChem’s shipment included an invoice that expressly conditioned OxyChem’s fulfillment of ETP’s order on ETP’s assent to OxyChem’s disclaimer of warranties. ETP accepted delivery of the PVC without ever assenting or objecting to OxyChem’s disclaimer. ETP used OxyChem’s PVC to make plant liners for Coastal & Native Plant Specialties, Inc. (Coastal) (plaintiff). The liners leaked, damaging Coastal’s plants. Coastal sued ETP for damages, and ETP filed a third-party claim against OxyChem for breach of warranty. OxyChem cited its disclaimer in defense and moved for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Collier, J.)

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