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Packgen v. Berry Plastics Corp.

United States District Court for the District of Maine
973 F. Supp. 2d 48 (2013)


Packgen (plaintiff) sent two purchase orders to Berry Plastics Corp. (Berry) (defendant) for materials. For both orders, Berry delivered the materials to Packgen and several days later sent Packgen an invoice. The backs of both invoices stated that the statute of limitation period for any complaint was reduced to one year. Approximately four years after receiving the materials, Packgen sued Berry. Berry moved for summary judgment, arguing that (1) the invoices were a part of the contract because they were written confirmations of its acceptance of Packgen’s offers under Uniform Commercial Code (UCC) § 2-207 and (2) Packgen’s claims were barred by the one-year statute of limitation stated in the invoices. Packgen argued that the invoices did not become a part of the contract.

Rule of Law


Holding and Reasoning (Woodcock, J.)

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