Which of the following could be the last document in a 'battle of the forms'?
A.
Quotation
B.
Order acknowledgement
C.
Purchase order
D.
Invitation to Tender (ITT)
The Answer Is:
B
This question includes an explanation.
Explanation:
In a 'battle of the forms', both buyer and supplier exchange documents with conflicting terms. The general rule is that the terms of the last document exchanged before performance (e.g., delivery or payment) that is not objected to will govern the contract. An order acknowledgement from the supplier with its own terms, followed by acceptance (e.g., payment), usually constitutes the final word.
[Reference:CIPS L4M3 Commercial Contracting Study Guide, Chapter 1, Section 1.2.3 – Battle of the forms and contractual precedence., , , , ]
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