Construction Resource Group, Inc. v. General Technologies, Inc. The defendant-seller accepted the plaintiff-buyer’s purchase order via an invoice, and on the back of the invoice, the defendant-seller placed a list of “Terms and Conditions of the Sale,” including a forum selection clause which said disputes would only be brought and prosecuted in Houston, Texas. In accordance with decisions from other jurisdictions, the court finds that, if faced with the issue, S.C. courts would rule that a unilateral addition of a forum selection clause to a contract governed by the Uniform Commercial Code is a material alteration of the contract that does not become part of the contract. Accordingly, the forum selection clause is not part of the parties’ contract.
Tagged with: Texas
Read More »