Plateq Corp of North Haven v. Machlett Labs., Inc.
189 Conn. 433, 456 A.2d 786 (Conn. 1983)
Machlett
ordered some special radiation-proof steel tanks from Plateq.The contract stipulated that the
tanks would be tested after installation.
Plateq
had never made radiation-proof tanks before and Machlett had never
designed them before.
Plateq
encountered some difficulties and delays with performance.Machlett's engineer inspected the
finished product at Plateq's facility, noted a few minor deficiencies, but
said that Machlett would pick up the tanks the next day.However, instead, they canceled
the contract (without specifying why).Plateq sued.
The
Trial Court found for Plateq.
The
Trial Court found that the goods were substantially complete.
The
Court found that Machlett had accepted the goods in accordance with
UCC §2-606(1)(a) by saying they
would pick the tanks up.
The
Court found that Machlett had not made an effective rejection under
UCC §2-606(1)(b).
Machlett
needed to be very specific about what the defect was, in order to give
Plateq an opportunity to make a conforming tender under UCC §2-508(2).
The
Trial Court found that under UCC §2-608, once acceptance had occurred, Machlett could only revoke
acceptance by showing substantial impairment of the goods' value.
The
Appellate Court affirmed.
Machlett
unsuccessfully argued that their engineer's final examination of the
goods showed that the tanks were so incomplete and unsatisfactory that
they were rightfully entitled to conclude that Plateq would never make a conforming
tender.