Figgie International, Inc. v. Destileria Serralles, Inc.

Rum bottler Destileria Serralles (defendant) contracted with Figgie International (plaintiff) for bottle-labelling equipment, which never worked properly despite repeated repair attempts; Serralles eventually returned the equipment for a refund but sought additional consequential damages for the delay and losses. Figgie had lost its copy of the signed contract, and Serralles's copy referenced additional general terms and conditions printed on the back of the page, but that page was blank. Figgie argued that industry custom in the bottle-labelling business always limited remedies to repair, replacement, or refund, excluding consequential damages, and supported this with affidavits from industry participants. Serralles offered no contrary evidence. The trial court granted summary judgment for Figgie, and Serralles appealed, arguing it was entitled to full UCC remedies including consequential losses.