Legal Question in Business Law in California

Question: If Company A provides Company B with a Quote, which includes Company A's standard Terms and Conditions, and Company B responses with a Purchase Order and Company B's standard terms and conditions, which companies terms and conditions apply, A's or B's?


Asked on 4/20/11, 11:26 am

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Nobody knows. Search for ["battle of the forms"] and if this is for the sale of goods search for [ucc 2-207] or [california commercial code 2207].

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Answered on 4/20/11, 11:35 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I have a flow chart for analyzing UCC 2-207 questions that I can FAX or e-mail you if you provide me with your number or address.

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Answered on 4/20/11, 11:58 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I note one important factor was left out of your question. Did Company A accept Company B's purchase order? It seems Company A made an offer; then company B a counter-offer. Also, how different are the respective terms and conditions? Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/20/11, 12:27 pm


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