2009 Mass.App.Div. 123 (2009), 09-ADMS-10003, Fusion Trade, Inc. v. Hytech Components, Inc.

Docket Nº:09-ADMS-10003.
Citation:2009 Mass.App.Div. 123
Opinion Judge:BRANT J.
Party Name:FUSION TRADE, INC. v. HYTECH COMPONENTS, INC.
Attorney:Ian Crawford, Esq., Todd & Weld, LLP, Boston, MA, for plaintiff. Paul B. Cullinane, Esq., Law Offices of Paul B. Cullinane, Salem, MA, for defendant.
Judge Panel:Present: Greco, P.J., Brant & Swan, JJ.
Case Date:June 24, 2009
Court:Massachusetts Appellate Division
 
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Page 123

2009 Mass.App.Div. 123 (2009)

FUSION TRADE, INC.

v.

HYTECH COMPONENTS, INC.

No. 09-ADMS-10003.

Massachusetts Appellate Division, District Court Department, Northern District.

June 24, 2009

Heard April 17, 2009.

In the Lawrence Division, Docket No. 0618-CV-0746, Gaffney, J.

Ian Crawford, Esq., Todd & Weld, LLP, Boston, MA, for plaintiff.

Paul B. Cullinane, Esq., Law Offices of Paul B. Cullinane, Salem, MA, for defendant.

Present: Greco, P.J., Brant & Swan, JJ.

OPINION

BRANT J.

Fusion Trade, Inc. (" Fusion Trade" ), a Massachusetts corporation located in Andover, issued three purchase orders in March, 2006 to buy computer parts from Hytech Components, Inc. (" Hytech Components" ), a Corona, California company with a shipping office in Henderson, Nevada. Hytech Components shipped the first 300 parts under the initial purchase order to Fusion Trade on March 24, 2006. Fusion Trade immediately shipped the parts to its end customer. Hytech Components sent a second shipment of 768 computer parts (out of an order for 780 parts, 12 of which were on back order) on April 4, 2006. After the second shipment had been sent, Hytech Components received notification from Fusion Trade that its customer had tested the first shipment and had determined that many of the computer parts were defective. The customer returned 263 of the 300 computer parts it had received to Fusion Trade, which then sent them back to Hytech Components. Upon receipt, Hytech Components tested the parts and confirmed that they had a significant failure rate.

Hytech Components issued a return merchandise authorization (" RMA" ) for the second shipment, but Fusion Trade did not return the parts. Fusion Trade cancelled a third purchase order with Hytech Components, and that order was neither shipped, nor paid for. At the time it issued an RMA for the second shipment, Hytech Components requested that Fusion Trade submit to it " a failure report stating how the parts are failing" so that it could determine whether to issue an RMA for the first shipment. While Hytech Components never issued an RMA for the first shipment, it did accept its return and, upon conducting its own testing, determined that the parts were defective.

Hytech Components issued a " confirmation of order and conditions of sale" document for each of the two orders from Fusion Trade that it had...

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