000			01915cab a2200181 4500
001			##L131409
008			051031n2005 000 0 eng u
035			_a(Sirsi) u131409
041	0		_aeng
245	0	0	_aMachenair Ltd v Gill and Wilkinson Ltd
260			_c2005
520			_a[2005] EWHC 445 14 March 2005. Considered whether a company's standard conditions were incorporated into a contract by a note at the bottom of purchase orders. M sought to recover from G the outstanding balance due on a refurbishment project. G had engaged M as sub-subcontractor to carry out mechanical work on the project. Delays occurred, and when M submitted an invoice to G for payment of the works it had carried out, G refused to pay, and counterclaimed against M to recover damages for the delay. G argued that a note at the bottom of the purchase orders incorporated its standard conditions into the contract. M contended that they had not been so incorporated because the relevant wording on some of the orders had been substantially obliterated by the fax header. "Held": G had not sent hard copies of the purchase orders to M, and had relied on the faxes. The obliteration by the fax header was so substantial that M could not reasonably be expected to decipher the wording beneath. In any event, the words at the bottom of the purchase orders were not sufficient to incorporate G's standard conditions into the sub-subcontract. G's counterclaim failed as M had completed its work within a reasonable time, although M should pay half G's costs for clearing and removing rubbish from site.
590			_aIKA081105
650	2	4	_aMACHENAIR LTD V GILL AND WILKINSON LTD
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856	4	0	_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/445.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c76069 _d76069