Posted on January 9, 2008 by John Parnass

Division 2: Venue Clause Not Part of Contract in Sales Transaction Between Merchants

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Describing UCC Article 2-207 as a "defiant lurking demon" condemning its interpreters to "depths of despair," Division 2 nonetheless wrestled with the demon long enough to conclude that the terms listed in a stream of invoices from a merchant seller to a merchant buyer -- a venue provision, disclaimers of liability, etc -- were not enforceable.  Must read for your next battle of the forms case.

Copy of opinion also available here Download file

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