Who's Terms apply to a Contract?
There is often conflict between two contracting parties having their own sets of terms and conditions where a dispute arises later on and the question arises who’s terms apply? A general rule of thumb is that the party who’s terms are provided last, before the contract is performed, will have priority.
In a situation where a seller makes an offer to sell goods upon its terms sometimes the buyer will accept the offer on their own terms. If the seller then delivers the goods in accordance with the terms of the contract, the buyer’s terms will apply to the sale. The basic rule that applies here is general contract law. The buyer didn’t accept the selller’s offer but made a counter offer on its own terms which was accepted by the seller performing the contract.
For more information about terms and conditions click here →