Andre Romanelli, Inc., v. Amazon.com
2008 NY Slip Op 32283(U), 2008:
Plaintiff could not successfully argue that a forecasted order from Amazon constituted a guarantee to purchase the amount forecasted.
Andre Romanelli, Inc., v. Amazon.com, 2008 NY Slip Op 32283(U), 2008.
Case Details:
Amazon and the plaintiff had a “buy sheet summary” forecasting an order- Amazon submitted a purchase order for less than half the forecasted amount
- Plaintiff sued Amazon for nonpayment of goods allegedly ordered
- Plaintiff filed a motion to dismiss 4 of Amazon’s affirmative defenses
- Affirmative defense 1: A buy sheet summary is just a forecast and not an actual order, and Amazon’s policy which the president of Plaintiff’s company signed on behalf of its sister company acknowledges that a forecast does not bind Amazon to an actual number of goods to be purchased
- Plaintiff says Amazon is wrongfully attempting to bind it to an agreement between Amazon and Plaintiff’s sister company
- Affirmative defense 2: Amazon’s standard terms that Plaintiff agreed to provide for the exclusive jurisdiction of Kings County, Wash.; Amazon withdrew this to resolve the case faster
- AF 3: Plaintiff failed to mitigate its damages by selling the goods to another buyer
- AF 4: Unclean hands – president of the company knew of Amazon’s terms and tried to force to buy goods not agreed upon anyway
Andre Romanelli, Inc v. Amazon.com, Inc
Summary and Conclusion:
- The court found evidence that the president knew Amazon’s forecast was not binding and denied Plaintiff’s motion.
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