PO terms buyer vs seller

[Cbbrown]

Jurisdiction

California

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?

 

[zddoodah]

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.

 

[Zigner]

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?

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.

 

[adjusterjack]

which prevails? the customers T&C's or ours?

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.