Packgen v. Berry Plastics Corp.

Berry (defendant) shipped materials to Packgen (plaintiff) after receiving purchase orders, forming a contract by shipment, and then sent invoices days later stating a one-year limitations period for any complaint on the back; Packgen sued roughly four years after delivery, and Berry moved for summary judgment arguing the invoices' one-year term became part of the contract under UCC § 2-207 and barred the suit. Packgen argued the term never became part of the contract.