Calumet Cheese Co. v. Chas. Pfizer & Co.

Pfizer’s contentions may be grouped in four separate categories:

1. Disclaimer by Pfizer.

Pfizer in defense of the action brought by Calumet relies on a disclaimer printed on the back of eight invoices and seven order acknowledgments. In small print at the bottom of the face of the invoice appears the following :

“This transaction is subject to SELLER’S STANDARD CONDITIONS printed on the back hereof, notwithstanding any provision submitted by the BUYER.”

The conditions on the back that are material are:

“2. Seller makes no warranty of any kind, express or implied, except that the material sold…