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

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Precision Mirror Glass is a manufacturer of custom-made glass products, such as shower doors, mirrors, and glass table tops. On July 9, Bobby Nelms brought Precisions a pattern drawn on paper for a glass table top cover for an antique table he owned. He advised the sales representative that he wanted to cover his table with ¾ inch glass conforming to the pattern. After some discussion, it was decided that the table top would be made with 3/8 inch glass at a cost, including sales tax, of $684.33. Nelms left a $100.00 deposit, leaving a balance of $584.33 payable upon pickup of the table top. At that time Nelms signed a contract that set out the specifications and price and that also included a noncancellation clause indicating "ALL ORDERS ARE FINAL SALE" and "personally guaranteed... I waive my right to cancellation." Precision's practice was to allow a customer to cancel an order as long as it occured prior to the start of production. However, once a custom item was made to a customer's unique specifications, it rarely had any resale value. On July 11, Nelms called Precision and stated that he wanted to cancel the order because he believed that the 3/8 inch glass ordered would not be suitable for his purposes. Precision responded that the glass had already been cut and was awaiting his pickup. When Nelms failed to pick up the glass despite a demand that he do so, Precision brought suit against him to seek money damages in the amount owed on the contract. Is Precision entitled to recover the full contract price from Nelms?