Incorporation of terms
Language: English Series: Contract Journal ; 430(6548) 26 October 2005, 31(1)Publication details: 2005Subject(s): Summary: Examines the recent decision in Machenair Ltd v Gill and Wilkinson Ltd ([2005] EWHC 445, L131409). G engaged M as sub-subcontractors on a refurbishment project. The sub-subcontract was based upon three purchase orders, each of which contained a note at the bottom stating that G's standard conditions of purchase were automatically incorporated. When a dispute arose, G tried to rely on these notes. "Held": the standard conditions had not been incorporated, because on the first two purchase orders the relevant words had been substantially obliterated so that M could not read them. Even if that had not been the case, the wording used on the orders were not sufficient to incorporate G's standard conditions, as they were not in a standard form used in the industry, and had never been supplied to M. In such situations, reasonably sufficient notice of such conditions must always be given.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131404 (Browse shelf(Opens below)) | 1 | Available | 131404-1001 |
Examines the recent decision in Machenair Ltd v Gill and Wilkinson Ltd ([2005] EWHC 445, L131409). G engaged M as sub-subcontractors on a refurbishment project. The sub-subcontract was based upon three purchase orders, each of which contained a note at the bottom stating that G's standard conditions of purchase were automatically incorporated. When a dispute arose, G tried to rely on these notes. "Held": the standard conditions had not been incorporated, because on the first two purchase orders the relevant words had been substantially obliterated so that M could not read them. Even if that had not been the case, the wording used on the orders were not sufficient to incorporate G's standard conditions, as they were not in a standard form used in the industry, and had never been supplied to M. In such situations, reasonably sufficient notice of such conditions must always be given.