CONTRACT PROVISIONS THAT WILL MAKE YOU PROUD
By: Robert S. Tanner, Esq.
In General Tool Industries, Inc. v. Premier Machinery, Inc., 790 So. 2d 449 (Fla. 3d DCA 2001), Buyer engaged Seller to manufacture specialized equipment that could produce rocker arms. Seller made written proposals to manufacture a milling machine and a lathe for Buyer's requirements. Seller's proposal included the following provision:
11. Seller shall not be liable for any incidental or consequential damages for lost profits, lost sales . . . Rather buyer and seller agree that the sole and exclusive remedy for breach of any warranty concerning the product shall be the repair or replacement of defective parts or, at seller's option, refund of the purchase price. Read More . . .