DTE Energy v. Briggs
|DTE Energy v. Briggs|
|Court||Eastern District of Michigan|
|Citation||2007 WL 674321|
|Date decided||February 28, 2007|
- Plaintiff = DTE Energy Technologies, Inc. ("DTE"); a Michigan company
- Defendant = Briggs Electric, Inc. ("Briggs"); a California corporation
- The 2 companies signed 2 contracts for the sale of 3 electric generators.
- Each company used its own contract form. However, the terms & conditions (T&C) of the 2 contracts didn't match up.
- Battle of the forms
DTE sued Briggs in federal district court in Michigan over non-payment of the 3 generators DTE had delivered.Briggs demanded mediation in California.
Yes. A written confirmation of an offer constitutes acceptance even when it contains terms different from the offer.The forum-selection clause didn't bind Briggs; so, Briggs hasn't agreed to submit to the court's jurisdiction.
Section 2-207 of the UCC is applicable in this case according to Judge Duggan.Uniform Commercial Code § 2-207
|October 21, 2003||Briggs sent DTE a purchase order & its contract form||Court concluded that Brigg's purchase order was an offer specifying quantity, price, & delivery conditions.|
|Dec. 4th 2003||DTE sent Briggs the DTE terms & conditions||DTE's form included a forum selection & choice of law clause; DTE wanted litigation to take place in Michigan (not California)|