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Stevie Mclaughlin
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Forum Member
Total Posts: 3
Joined: 23 Jul 07
Member #11
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Hi,
I was wondering if anyone knows where the seller would stand in UK or International Law on T's & C's of sale?
I'm trying to clear up whether the sellers T's & C's would take precedence over the buyers'. I would like to cut out a slow part of the order entry process which reviews all of the small print in our customer's PO's, just wondering if this is a necessary evil!
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John Hardwick
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Forum Member
Total Posts: 13
Joined: 09 Jul 07
Location: Reading
Member #7
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I was once told that it is the last correspondence that holds sway in the UK justice system. Therefore if a vendor quotes a price, along with standard terms, then the purchaser places an order, based on their standard terms, then the purchaser terms prevail. The only way to change this is to refute the purchasers terms in writing and make any agreement to sell subject to the vendors terms.
John Hardwick
FIOM
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Ian Henderson
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Forum Member
Total Posts: 3
Joined: 04 Aug 08
Member #70
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My understanding is the same as John's - the last agreed documentation is the determinant. I was warned by a lawyer that agreement is the key point here - we can put what we like on an acknowledgement but the buyer is under no obligation is to dig into the details and make sure that his T's and C's are accepted. If we accept his order without specifically saying that we do not agree to 90-day terms, or whatever, then the terms on his order stand. If there is much difference then a contract signed by both parties is the best way forward.
Of course, it doesn't matter whose terms rule: what really matters is avoiding conflict where supplier and customer both lose. There's only one winner when matters get legal and we all know who that is.
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Order Processing Efficiency
24 Jul 2007, 11:01