· 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 CourtListenerSourced 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.