000			01439cab a2200193 4500
001			##L131404
008			051031n2005 000 0 eng u
035			_a(Sirsi) u131404
041	0		_aeng
100	1		_aBrewer, Geoff
245	0	0	_aIncorporation of terms
260			_c2005
490		0	_aContract Journal _v430(6548) 26 October 2005, 31(1)
520			_aExamines 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.
590			_aIKA081105
650	2	4	_aMACHENAIR LTD V GILL AND WILKINSON LTD
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
942			_n0
999			_c76068 _d76068