United States First Circuit

Summary judgment for plaintiff in an action in which plaintiff alleges that defendant wrongfully withheld payment for semiconductor integrated circuits is affirmed, where: 1) the 08/07 terms of sale (TOS) applied to the transaction; 2) here, the 8/07 TOS limited defendant's remedies for breach of plaintiff's warranty (that the circuits would conform to their published specifications) to return for credit, repair or replacement at plaintiff's sole option; 3) defendant withheld payment in response to the alleged breach of warranty, which was a remedy outside the 8/07 TOS; and 4) an aggrieved buyer must provide the seller with a reasonable opportunity to carry out the limited remedy before the buyer can successfully argue failure of essential purpose.

Appellate Information

• Decided 05/09/2014
• Published 05/09/2014

Judges

• CASPER

Court

• United States First Circuit

Counsel