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Polytop Corp. v. Chipsco, Inc.
Rhode Island Supreme Court
826 A.2d 945 (2003)
Chipsco, Inc. (Chipsco) (defendant) was a manufacturer and seller of injection molds. In January 1999, Chipsco prepared a price quotation for Polytop Corporation (Polytop) (plaintiff) for a specific mold. The price quotation contained a mandatory arbitration provision. Polytop issued a purchase order three weeks later for the mold. Polytop’s purchase order stated that any additional or different terms proposed by Chipsco were rejected unless expressly assented to in writing. A second mold was also ordered with a similar price quotation and purchase order. Polytop sued Chipsco, alleging breach of contract for late delivery and poor quality of the molds. Chipsco moved to stay the proceedings in order to submit the dispute to arbitration. Polytop alleged that the arbitration provisions were not part of the contract. The trial court granted Chipsco’s motion, and Polytop appealed to the Rhode Island Supreme Court.
Rule of Law
Holding and Reasoning (Per curiam)
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