Hercules, Inc. (Hercules) (defendant) asked for a price quote from Brown Machine, Inc. (Brown) (plaintiff) because that a piece of equipment. Brown sent out the quote, which consisted of a cover web page stating that Brown wished come further comment on the quote and also that the quote to be being submitted for “approval.” additionally attached to the quote were numerous paragraphs, consisting of one providing that the quotation was not an market that can be accepted. In an answer to the proposal, Hercules submitted a acquisition order. The purchase order provided that accept of the bespeak expressly limited the terms of the contract come the terms of the acquisition order. The purchase order did not contain an indemnity provision. In response to the purchase order, Brown sent out Hercules an stimulate acknowledgment, which consisted of an indemnity provision. The tools was shipped to Hercules and also the agreed-upon purchase price was paid. At some time later, one employee of Hercules was injured by the equipment and also sued Brown. Brown insisted that Hercules honor the indemnity provision, but Hercules refused. Brown filed suit against Hercules seeking the settlement amount it had paid to the injured employee. The trial court discovered in donate of Brown because that indemnification and also awarded damages. Hercules appealed come the Missouri Court of Appeals.

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