RBC Nice Bearings, Inc. v. SKF USA, Inc.

Summary

The court held that the plaintiffs’ repeated acceptance of the defendant’s deficient purchases and continued performance under the parties’ agreements supported a continuing waiver of the annual minimum-purchase requirement. Because the plaintiffs did not clearly reserve their rights or effectively retract the waiver before enforcing the requirement, the Appellate Court clearly erred in disturbing the trial court’s factual finding. The court reversed the Appellate Court in part and directed it to affirm judgment for the defendant on the plaintiffs’ breach claims. The court declined to address the separately certified retraction issue because certification on that question was improvidently granted.