United States Court of Appeals for the Eighth Circuit - 262 F.3d 843
Nordyne, Inc. filed a breach-of-warranty action against International Controls & Measurements Corporation (ICM) due to issues with the control panel. ICM moved to dismiss the complaint for improper venue, citing the forum-selection clause on the reverse side of its Customer Service Invoices. The court affirmed that the forum-selection clause was enforceable and part of the contract between the parties. Nordyne is appealing the District Court's decision, arguing that the court erred in holding that the contract between the parties included the forum-selection clause. The court is reviewing the District Court's application of state law, predicting how the highest court in Missouri would resolve the issues. The court must identify the offer and acceptance to determine the terms of the contract between ICM and Nordyne, governed by Article 2 of the Uniform Commercial Code (UCC), as adopted by Missouri.
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