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Office Pavilion S. Florida, Inc. v. ASAL Prods., Inc.

District Court of Appeal of Florida
849 So.2d 367 (Fla. Dist. Ct. App. 2003)


As a subsidiary of Herman Miller, Inc. (Herman Miller), Office Pavilion S. Florida, Inc. (Pavilion) (defendant) distributes Herman Miller office supplies and furniture. ASAL Products, Inc. (ASAL) (plaintiff) is an office supply company that sought to resell Herman Miller keyboards. ASAL negotiated a contract for keyboards with Gary Kemp, Pavilion’s sales manager. The contract specified that Pavilion would provide within thirty days as many keyboards as ASAL ordered, up to a maximum of 2,000 orders per month. ASAL was required to order at least 1,000 units per year. The unit prices were set forth in a separate writing. After the contract had been executed, ASAL sought to amend the contract to include the sale of Herman Miller chairs. By a letter drafted by Kemp and forwarded to ASAL, the parties agreed that the terms and conditions of the contract would govern the sale of the chairs, except for the delivery and quantity terms. The letter specified that Pavilion would supply ASAL with chairs within established lead times. The parties later executed an addendum that listed the price structure for the chairs. ASAL later ordered 2,480 chairs. Kemp informed ASAL that Pavilion would not fulfill the order. ASAL brought suit against Pavilion for breach of contract. The trial court ruled in favor of ASAL and awarded it $4,000,000.00 in damages.

Rule of Law


Holding and Reasoning (Warner, J.)

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