Polytop Corp. v. Chipsco, Inc.

Chipsco's (defendant) price quotation to Polytop (plaintiff) for injection molds included a mandatory arbitration clause; Polytop's purchase order rejected any additional or different terms proposed by Chipsco unless separately agreed to in writing, but was itself silent on dispute resolution. After suing Chipsco for breach related to defective, late molds, Polytop argued the arbitration provision was never part of the contract; the trial court granted Chipsco's motion to stay for arbitration.