Advice to help win the battle of the formsFriday, May 18, 2012
Every day, merchants exchange work orders, purchase orders, confirmations, shipping documents and invoices. Typically, sophisticated business people have boilerplate terms and conditions inserted within those various documents. More often than not, these terms and conditions are contained on the reverse side of an order form or invoice.
The terms and conditions may impose additional delivery or payment requirements, may contain attorneys’ fees or risk-shifting provisions, or may even limit damage claims in the event of breach. Any desired term sought to be included by a creative commercial seller or buyer of goods can be inserted, and, upon proper execution by both parties, becomes a term of the contract.