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The Chartered Institute of Purchasing & Supply

FAQs

I am having a debate with my supplier who has different contract terms than me, who is right?

This type of dispute is often called the 'battle of the forms'. The answer is that the terms and conditions associated with the last piece of paper exchanged between the parties related to the order determines whose terms and conditions apply. This means that you must be mindful of potentially challenging each piece of paper that comes from a supplier and ascertain whether they have applied their terms and conditions. If necessary, you may wish to challenge this.