The Battle of the Forms

Often when two companies deal with each other in the course of business, they will use standard-form purchase orders (from the buyer) and invoices (from the seller), each containing their own terms and conditions. Often these terms and conditions are in conflict (e.g., where both parties include a liability waiver in their form) and yet the parties have a binding contract. The “battle of the forms” refers to the resulting legal dispute where both parties recognize that an enforceable contract exists but are divided as to whose terms govern that contract.

In the battle of the forms you don’t want to get caught unarmed. Make sure your standard forms contain good terms and conditions that are tailored to your needs, adequately protect you, and give you leverage in the event of a dispute.

–Matt