Plaintiff and defendant entered into an agreement to develop multimedia relocatable labs to sell to schools. Defendant was to provide the prefabricated classrooms and plaintiff was to provide the computers. The parties developed a protype of the lab to be demonstrated in February 1999. The day before the demonstration, a sudden surge of electrical power damaged all eleven of the computers and they were replaced by plaintiff. Plaintiff contends defendant was responsible for the surge and owes plaintiff the cost of replacement as well as for other goods and services.
Defendant contends the surge was plaintiff's fault.
Defendant also contends that plaintiff was not to be paid until the prototype unit was sold or leased. It has not been sold or leased and is in the possession of defendant. Plaintiff contends only its services were gratis and only if the unit was not sold or leased. It was to be paid for goods regardless. It is clear from the agreement that plaintiff's interpretation is correct.