Sellers – try to avoid a “battle of forms” by following these basic techniques.
- Always include a copy of your terms and conditions with every quotation and include language similar to the following in the quotation itself:
“Any and all orders or other contracts, if accepted by the Seller shall be governed by the Seller’s terms and conditions attached, despite any language to the contrary that may appear on any Buyer forms”. And…
- To avoid the battle of forms, have a place at the end of your quoted terms and conditions for Buyer’s signature, agreeing to their acceptance.
- Always include a copy of the signed – by buyer – of your terms) in your acceptance documentation.
The above few sentences are only a placeholder for future content to be expanded and more fully explained in a forthcoming article. In the meantime, please see our post: Sharks
THE FOREGOING IS A DRAFT CONCEPT FOR AN UPCOMING ARTICLE