What is a battle of the forms?
Often businesses trade with each other. Often a party will send out a document which has their terms and conditions attached to request a quote. The other party will respond with a quote and their terms and conditions attached. Which apply? Generally it is the last set of terms and conditions to be sent. It can be complicated however. Contact us for further advice if required.
Why can’t I just use the terms and conditions of the other party?
Generally the party who provides the terms and conditions drafts them in their favour. Some of the terms and conditions are so one sided that you may not be receiving what you think. There are some protections in the legislation but it is best to ensure the terms are fair.
What are some of the things I need to look out for?
The terms and conditions may have very onerous terms such as a limitation of liability clause. What the party generally is trying to do is limit their liability for the product should something go wrong. There are statutory protections but in some instances these protections can be waived agreeing to terms and conditions that exclude liability.
