Roser Technologies, Inc. v. Carl Schreiber
United States District Court for the Western District of Pennsylvania
2013 WL 4852314 (2013)
German copper manufacturer CSN Metals (defendant) sent Roser Technologies (plaintiff) price quotes for copper-molding plates that referenced standard terms posted on CSN's website and required advance payment if Roser lacked sufficient credit insurance. Roser sent purchase orders in response, and CSN sent back order confirmations again referencing its website terms and, this time, printing the advance-payment term directly on the confirmation. When CSN later demanded advance payment, Roser treated that as a refusal to perform and bought copper elsewhere instead; Roser sued for breach of contract, and CSN counterclaimed for breach by repudiation.
Whether the United Nations Convention for the International Sale of Goods (CISG) incorporates the common-law mirror-image rule.