June 2010 Archive

Winning the "battle of the forms"

Suppliers and customers would ideally prefer to rely on their own respective standard conditions. But in order to be of any use at all, these have to be incorporated into the contract between seller and buyer. Standard terms of sale, normally used by suppliers, are becoming more commonly used by purchasers (especially large national retailers). Problems start when both supplier and purchaser present each other with their own standard terms resulting in two conflicting documents jockeying for precedence; the so-called "battle of the forms".
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