In the event of a dispute as to whether the supplier’s or the customer’s terms of trade are relevant to a contract, who is right?
We are not legal specialists and it is important that you seek legal advice on this issue. There is a precedent known as ‘Battle of the Forms’ that states that the terms which apply to a contract are those which are agreed by the parties at the moment in time when agreement to sell and to buy is reached. It is therefore important to establish the chronology of which terms were presented last.
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