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· 4/7/1993

Winter Panel Corp. v. Reichhold Chemicals, Inc.

Citations

  • 823 F. Supp. 963
  • 21 U.C.C. Rep. Serv. 2d (West) 533
  • 1993 U.S. Dist. LEXIS 11828
  • 1993 WL 214937

How courts have described this case

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

  • holding that disclaimers are effective even though printed on the reverse side of the contract because a sentence on the front of the contract referred the purchaser to the reverse side
  • noting that a damages-limitation clause is not unconscionable where it is “a reasonable allocation of risks between two commercial entities”
  • finding that it was appropriate for the parties to allocate the risks of potential failure of a product that was a “complex, sophisticated, and at the time experimental substance”
  • a damages limitation clause is not unconscionable because it is a reasonable allocation of risks between two commercial entities
  • promise to supply chemical system to produce marketable installation panels not actionable where systems known to be in experimental stage
  • until the Massachusetts courts choose to depart from Roto-Lith, the Federal courts in the First Circuit remain bound by its holding

Source: CourtListener parenthetical corpus (CC0).

Judges: Wolf

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.