Nordyne, Inc. v. International Controls & Measurements Corp.
United States Court of Appeals for the Eighth Circuit
262 F.3d 843 (2001)
For approximately 10 years, Nordyne, Inc. (Nordyne) (plaintiff) purchased from International Controls & Measurements Corporation (ICM) (defendant) electronic defrost control panels for use in its manufactured heating, ventilation, and air conditioning equipment. After it began manufacturing a new version of the control panel to Nordyne’s specifications, ICM sent a price quotation to Nordyne to meet its needs. The quote included quantity, price, a time in which to accept, and noted that shipment would be “net 30 days; F.O.B. Syracuse, New York” and that all orders were non-cancelable and non-refundable. Thereafter, Nordyne requested samples of the new control panel which ICM delivered with a letter stating that if Nordyne was satisfied with the panels to “sign off” on the document and return to ICM so that it could fulfill the company’s production requirements. Nordyne accepted ICM’s offer and began receiving shipments of the new control panel. After Nordyne experienced problems with the panels, it filed suit in federal court against ICM for breach of warranty. ICM filed a motion to dismiss the complaint for improper venue based on a forum-selection clause contained in the signed documentation. The district court granted ICM’s motion. Nordyne appealed.
Rule of Law
Holding and Reasoning (Arnold, J.)
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