Consider the following: A roofing contractor contracted with an
owner to reroof a large downtown office building. The project's
specifications called for a roof system produced by a specific
manufacturer. After negotiating with a local distributor with whom
the contractor had an ongoing relationship, the contractor issued a
purchase order for $155,000 designating the specific materials
needed for the project.
The purchase order contained a provision, which had been
recently added by the contractor, requiring the distributor to
warrant the roofing materials against deficiencies and defects for
a period of two years from the date of project
completion.
After receiving the purchase order, the distributor sent the
roofing contractor its standard order acknowledgment form, which
the contractor had received on many occasions, agreeing to provide
the materials for the $155,000 price. The order acknowledgment form
contained a standard provision that stated the distributor would
warrant the materials for a period of one year from the purchase
date.
The distributor's order acknowledgment form also contained a
provision limiting the time in which the contractor could bring a
lawsuit against the distributor to one year after project
completion. According to the form, all claims brought after this
time...
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