Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

تمرين 12

MCC-Marble ordered ceramic tile from Ceramica Nuova, an Italian manufacturer, based on samples seen at an Italian trade fair. The price, quality, quantity, and delivery terms were put on the front of Ceramica's order form. The back of the form allowed cancellation for default or delay in payment, and required that complaints about defects be made in writing within 10 days. Ceramica did not fulfill several orders, and MCCMarble sued for breach of contract. Ceramica defended by arguing that MCC-Marble had defaulted in some payments. MCC-Marble then argued that it reduced its payments because some of the tiles were defective; however, it did not give written notice of this. MCC-Marble asserted that it and Ceramica intended not to be bound by the terms on the back of the order form. Will MCC-Marble be successful? Why or why not?