used in a product.
NationPoints Trucking, Inc., has a requirements contract with Oil & Gas Corporation
that obligates Oil & Gas to supply NationPoints with all the gasoline it needs for its
vehicles for one year at $2.30 per gallon. A clause inserted in small print in the contract
by NationPoints, and not noticed by Oil & Gas, states, “The buyer reserves the right to
reject any shipment for any reason without liability.”
For six months, NationPoints orders and Oil & Gas delivers under the contract without
any controversy. Then, because of a war in the Middle East, the price of gasoline to Oil
& Gas increases substantially. Oil & Gas tells NationPoints it cannot possibly fulfill
their contract unless NationPoints agrees to pay $2.50 per gallon. NationPoints, in need
of the gasoline, agrees in writing to modify the contract.
Later that month, NationPoints learns it can buy gasoline at $2.40 per gallon from
Purified Fuel Company. NationPoints refuses delivery of its most recent order from Oil
& Gas, claiming, first that the contract allows it to do so without liability, and second,
that it is required to pay only $2.30 per gallon if it accepts the delivery. Discuss
NationPointss contentions.