[2006] EWHC 947 (TCC) 28 April 2006. Concerns a contractual dispute between S, who had successfully tendered to provide maintenance services to X's stores, and X. Details of the successful tender were sent by X to S in a letter dated 17 August 2000, strictly subject to contract. However, X needed the services immediately and could not wait to negotiate the terms of the Facilities Management Agreement (FMA), a draft of which was dated June 2000. Maintenance services were therefore provided by S for an agreed period, extended to 21 January 2001. Dispute arose as to whether some jobs undertaken by S for which it had not submitted invoices had timed out under the terms of the draft FMA, meaning that they would not be paid. X argued that all of the terms of the FMA, including the timed out provisions were included in the agreement, whereas S argued that the terms were only incorporated in so far as it defined the essential services which would be provided. "Held" The terms incorporated in the August 2000 contract were those of the draft FMA, limited to those needed to define the services which S was to provide. The August 2000 contract continued in force after the deadline of 21 January 2001, since the parties involved continued to operate on the basis of that agreement after that date.