Option Wireless LTD v. OpenPeak, Inc Law Essay Paper

Option Wireless Ltd V. Openpeak, Inc.
Name
Institutional Affiliate
Option Wireless Ltd V. Openpeak, Inc.
Introduction
Option Wireless Ltd V. Openpeak, Inc case no. 12-80165-CIV-MARRA follows Option Wireless’s Motion to Dismiss Openpeak’s claim for relief or compensation for both incidental and consequential damages ensuing an alleged breach of contract by the former. Provided herein is a summary analysis highlighting the facts of the case, each party’s position and arguments, as well as the court’s judgment. Responses to various situations arising from the analysis of the case and a position on the court’s ruling or decision are also provided with informed explanations for the same.
Facts of the Case
Openpeak Inc. had a project with AT&T in 2010 where the former produced or manufactured computer tablet products for the latter. As the tendered manufacturers of the computer tablet product, Openpeak Inc. endeavored to update or advance the merchandise by embedding wireless data modules for the tablet. The company presented a purchase order to Option wireless Ltd, the plaintiff, for the supply of 12300 units of the wireless data modules at $848,700 CITATION Mar193 \l 1033 (Justia, 2019). The counter-defendant and counter-plaintiff agree that the purchase would be delivered in separate consignments. The seller delivers several shipments of the modules upon which both entities agree that Option Wireless Ltd would send the rest of the shipment after the purchaser puts down a deposit payment of 12.5% of the balance owed CITATION Mar193 \l 1033 (Justia, 2019). The agreement for making the deposit payment before the delivery of the remaining shipment of modules reflected in the Seller’s invoice sent to the buyer, which also contained other terms. One of the other provisions of the invoice was that the buyer could contest any aspect of the invoice and the general sales conditions concerning the products received from or delivered by the seller through a letter addressed to the seller CITATION Ope12 \l 1033 (Open Wireless, Ltd v. OpenPeak, Inc., 2012). The buyer was also at liberty to reject the goods received from the seller in case of any breach of warranty relating to the products purchased, which guarantees a refund on the part of the price paid by the buyer for the rejected goods. The counter-plaintiff, Openpeak, Inc., deposited $84,870 and the counter-defendant delivered the merchandise on 14th January 2011 as per the agreement CITATION Ope12 \l 1033 (Open Wireless, Ltd v. OpenPeak, Inc., 2012). Upon inspecting the goods delivered in the final shipment by the seller, the counter-plaintiff found that a section of the wireless modules were defective and did not comply with the specifications of the material product. The buyer thus rejected and returned the defective products on 12th April 2012 CITATION Ope12 \l 1033 (Open Wireless, Ltd v. OpenPeak, Inc., 2012). In the effort to prove that their products met the material product specifications, the seller requested for data from the buyer or Openpeak. The buyer sent the data as requested by Option Wireless and maintains that the latter did not show whether or not the wireless modules met the material product specifications.
The...