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PO terms buyer vs seller

Discussion in 'Business & Corporate Matters' started by Cbbrown, Jan 5, 2021.

  1. Cbbrown

    Cbbrown Law Topic Starter New Member

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    I deal in contract review/acceptance for my company and it seems like our customer purchase contract terms and conditions are becoming excessive. My question is this; when a customer places an order and references their terms and conditions and we respond with our quote and include reference to our terms and conditions - which prevails? the customers T&C's or ours?
     
  2. zddoodah

    zddoodah Well-Known Member

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    It is impossible to say with any certainty in the abstract. In other words, one would need to read both the PO and the quote and both entities' T&C (and any other relevant documents) and know course of past dealing between the two entities.
     
  3. Zigner

    Zigner Well-Known Member

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    Performing a similar function at my company, I can say that you need to make sure to hammer out these issues prior to accepting a purchase order. The earlier you address it the more simple it is.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Depends on how much you want the customer's business or how much he wants your products.

    I agree that this should be addressed before a sale happens.
     

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