Legal Question in Business Law in New York
We are a Company who provides service on medical equipment for our customers. We normally have our customers sign a contract for 1 or 2 year terms. My question is, can a customer send us a purchase order subsequent to the signing of the contract that indicates the purchase order supercedes the contract? We did subsequently use the po for billing purposes, but can a po simply negate the terms of a signed contract signed contract
1 Answer from Attorneys
Usually a well drafted service agreement should provide a "no modification" clause. Such a clause would require that any modification to the arrangement in the original agreement must be in writing and mutually approved in writing. Hence, a unilateral change on their part would not be able to supersede the original agreement. You should review your original agreement to see if that clause is there or if there is other language that supports that position.
I hope this helps.
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