Foont-Freedenfeld Corp. v. Electro-Protective Corp.

Pee Cubiam.

On this appeal, plaintiff has expressly disclaimed any contention that the limitations of liability clause in question is arbitrary and unconscionable and should be declared unenforceable as against public policy. Rather, the argument is made that the clause .(1) is invalid since it is unrelated to actual damages and therefore is in the nature of a penalty provision; and, (2) in any event, was intended to apply only to a situation where defendant breached its annual service undertaking (as distinguished from design and installation of the system) and plaintiff found it necessary to…