FIGGIE INTERNATIONAL, INCORPORATED, Plaintiff-Appellee, v. DESTILERIA SERRALLES, INCORPORATED, Defendant-Appellant., 190 F.3d 252

Summary

Defendant bottler and plaintiff bottle-labeler entered into a sales agreement. Plaintiff was unsuccessful in providing satisfactory bottle-labeling equipment to defendant under the agreement, the equipment was returned, and defendant received a full refund of the purchase price. A dispute arose as to whether or not defendant was entitled to damages under the agreement, and plaintiff brought a declaratory judgment action seeking a determination that defendant was limited to the exclusive remedy of repair, replacement, or return of the equipment. In upholding the district court's grant of summary judgment for plaintiff, the court found that it was established that usage of trade in the industry was that damages were always limited to repair, replacement, or return. Further, pursuant to several provisions of the South Carolina Uniform Commercial Code, usage of trade would supplement agreements, and could impose an exclusive remedy in the event of a breach.