Winning the Battle of Forms

Questions often arise when goods are sold by exchange of forms (such as purchase orders, order confirmations, and invoices) between the buyer and seller. Both the existence and content of the resulting contract are sometimes questioned in such situations. Misunderstandings of this fundamental process can lead to unanticipated – and sometimes unfavorable – results when disputes later arise from the use of competing forms. This presentation is designed to serve as a refresher on the basics of this “battle of the forms” and to provide practical guidance about ways to avoid including unexpected terms in a contract for the sale of goods.