Question: If Company A provides Company B with a Quote, which includes Company A's standard Terms and Conditions, and Company B responses with a Purchase Order and Company B's standard terms and conditions, which companies terms and conditions apply, A's or B's?
Answer
Nobody knows. Search for ["battle of the forms"] and if this is for the sale of goods search for [ucc 2-207] or [california commercial code 2207].
Answer
I have a flow chart for analyzing UCC 2-207 questions that I can FAX or e-mail you if you provide me with your number or address.
Answer
As a Franchise Attorney I note one important factor was left out of your question. Did Company A accept Company B's purchase order? It seems Company A made an offer; then company B a counter-offer. Also, how different are the respective terms and conditions? Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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