- 145 - FPL’s purchase order. The purchase order lists the documents that make up the contract and states a total contract price of $11,477,432. To support the existence of a binding contract, petitioner relies heavily upon the testimony of its employee, Mr. Garcia. For example, petitioner argues in its brief that “Mr. Garcia testified that the [A.B.] Chance Contract was finalized in October 1985, and that it was in fact one contract from that point in time forward.” However, Mr. Garcia testified as a fact witness, not a legal expert. Indeed, the A.B. Chance contract in evidence obligated FPL to expend more than $11 million for phase I, committing it to purchase a finite amount of equipment. The contract had no term but did contain a price guarantee, which controlled and limited the price A.B. Chance could charge FPL for purchases of the LMS equipment after phase I. The price guarantee clause obligated A.B. Chance to charge FPL the then-lowest price that it charged to its other customers for the LMS. However, the A.B. Chance contract contained no obligation that FPL must purchase any other equipment from A.B. Chance. In fact, a contrary intention is indicated in the contract: “It is FPL’s intent to competitively bid its requirements for Phases II and III.” We do not agree with petitioner’s argument that the A.B. Chance contract was a binding contract for purchases after phasePage: Previous 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Next
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