Cbs, Inc. v. Auburn Plastics, Inc.

Facts

D submitted price quotations to P for the manufacture of eight molds to be used in making parts for P's toys. The face of each price quotation was headed by the word 'proposal' and specified, the mold and tool charge, the number of cavities per mold, and the material to be used. Condition No. 8 stated, in part, that: 'In consideration of the engineering services necessary in the designing of molds and tools, the customer hereby agrees to pay D, an additional charge of thirty percent above the quoted price of sale molds and tools when and if the customer demands delivery thereof.' D stated its quote expired in 15 days. P sent detailed purchase orders for the eight molds. The orders recited on their face that 'Acceptance of this purchase order by D means that D understands and accepts all stipulations noted above.' One such stipulation provided that P reserved the right to remove the molds from the defendant at any time without a withdrawal charge. The reverse side of the purchase orders similarly recited that the molds will be subject to removal without additional cost to the buyer, and also that no modification of the conditions of the contract shall be binding upon the buyer unless made in writing and signed by the buyer's representative. D sent acknowledgments that described the molds, the price, and the terms of payment and delivery essentially as contained in the purchase orders. The acknowledgments also stated that 'This sale is subject to the terms and conditions of our quotation pertinent to this sale.' P paid for the molds and ordered toy parts. In May 1978, as a result of D's announcement of a price increase, P requested delivery of the molds. D demanded the 30% engineering charge. P obtained an order directing the Sheriff to seize the molds. D moved to quash that order and appealed from the denial of its motion. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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