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Showing posts from October 9, 2016

The BUSKLAW October Newsletter: Beware "Lurking" Terms and Conditions Incorporated Into Your Contracts!

(Author's Note: This post was first published in the 9/26/2016 edition of the Grand Rapids Business Journal available here. But I've reproduced it for the sake of maintaining my newsletter's continuity and in case the link ever becomes unavailable. Also, the GRBJ didn't publish the neat wolfman graphic!)
We all know that various beasties lurk about in October, the month of Halloween (Busklaw HQ is appropriately decorated), but beastly provisions can also lurk in contracts, ready to cause misery to the unwary.

This is exactly what happened to a Massachusetts food distributor, Siegel Egg Company, in a contract for the purchase of frozen blueberries from Naturipe Foods, the marketing arm of the Michigan Blueberry Growers, in a Kent County Circuit Court case (Naturipe Foods LLC v Siegel Egg Company, Inc). 

In 2011, Naturipe submitted a written offer to sell a large quantity of frozen blueberries to Siegel in multiple shipments. The blueberries w…