Q&As

In a business-to-business relationship, where the parties agreed a variation to a set of standard terms and conditions for the initial supply of services, would that variation be binding upon subsequent supplies which only referenced the non-varied standard terms and conditions?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on LexisPSL on 27/03/2018

The following Commercial Q&A Produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:

  • In a business-to-business relationship, where the parties agreed a variation to a set of standard terms and conditions for the initial supply of services, would that variation be binding upon subsequent supplies which only referenced the non-varied standard terms and conditions?
  • Compatibility
  • Are the varied standard terms and conditions incorporated?

It is assumed that the subsequent transactions which are referred to in the question posed are different contractual agreements to the agreement pursuant to the varied standard terms and conditions. Assuming that to be the case, a customer may be bound by standard terms and conditions if the supplier can establish a course of dealings incorporating to those terms.

The supplier seeking to establish the course of dealing must show:

  1. there has been regular trading between the parties. Thus several transactions per month over a period of years might be sufficient for these purposes, but th

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