The Procurement Glossary » Battle of the Forms
Battle of the Forms
Contracts & Legal
Definition
The legal contest over whose standard terms govern a deal when buyer and supplier each try to impose their own.
Explanation
In practice, buyer PO terms and supplier acknowledgement terms often conflict. Courts typically apply the 'last shot' whose terms were sent last before performance, so clarity up front avoids nasty surprises.
Example
The buyer's PO terms and the supplier's acknowledgement clash; because the supplier shipped after the PO, the PO terms prevail.
Related terms
- Terms and Conditions (T&Cs) — The standard clauses governing a transaction or relationship, covering rights, obligations, liabilities and remedies.
- Purchase Order (PO) — A buyer's official document authorising a purchase from a supplier, stating items, quantities, prices and terms; once accepted it forms a contract.
- Contract — A legally binding agreement between buyer and supplier setting out what will be supplied, at what price and on what terms.
Frequently Asked Questions
What is Battle of the Forms?
The legal contest over whose standard terms govern a deal when buyer and supplier each try to impose their own. In practice, buyer PO terms and supplier acknowledgement terms often conflict. Courts typically apply the 'last shot' whose terms were sent last before performance, so clarity up front avoids nasty surprises.
Can you give an example of Battle of the Forms?
The buyer's PO terms and the supplier's acknowledgement clash; because the supplier shipped after the PO, the PO terms prevail.
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