ROSER TECHNOLOGIES, INC., Plaintiff, v. CARL SCHREIBER GmbH d/b/a CSN METALS, Defendant/Third-Party Plaintiff, v. DANIEL J. ROSER, Third-Party Defendant., 2013 U.S. Dist. LEXIS 129242

Summary

HOLDINGS: [1]-United Nations Convention on Contracts for the International Sale of Goods, Apr. 11, 1980, S. Treaty Doc. No. 98-9 (1983), U.N. Doc. No. A/CONF. 97/19 (1981), 19 I.L.M. 671 (1980) (reprinted at 15 U.S.C.S. app.), rather than 13 Pa. Cons. Stat. § 2207, governed a contract dispute where the contract was between parties who operated in countries that were treaty signatories, and the attempts to exclude the treaty's standard conditions were ineffective; [2]-The purchase orders did not incorporate standard conditions referenced in the seller's quotations as the purchaser lacked the requisite intent; [3]-The order confirmations were counteroffers, and a valid contract was formed when the purchaser made no statement that it was not accepting the additional term; [4]-The purchaser breached the contract given its repeated notices stating the reasons for not performing the contract.