Waukesha Foundry, Incorporated v. Industrial Engineering, Incorporated

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the party consented to the terms and conditions included in previous packing slips and invoices over the past four years
• “An alteration is material if the party against whom it is sought to be enforced would be ambushed by its addition to the contract.”
• “If a buyer demonstrates the impotence of the contractually established remedy under sec‐ tion 2‐719(2), he may then avail himself of the remedies pro‐ vided elsewhere in the UCC.”
• “If a buyer demonstrates the impotence of the contractually established remedy under sec‐ tion 2‐719(2), he may then avail himself of the remedies pro‐ vided elsewhere in the UCC.”
• sixty orders over four years without objection to disclaimer of warranty in invoices
• buyer’s repeatedly availing itself of warranty remedies showed assent to warranty terms

Source: CourtListener parenthetical corpus (CC0).