Most "battle of the forms" cases involve each party trying to argue that its own standard terms apply. However, in a recent Scots law case Specialist Insulation Ltd v Pro-Duct (Fife) Ltd, which related to the supply and installation of duct work at Edgbaston Cricket Ground, the supplier tried to argue that the customer's standard terms (which included an adjudication clause), and not the supplier's own standard terms, should apply. The customer argued that its own standard terms did not form part of the contract and that the adjudicator had no jurisdiction.
Mills & Reeve outlines why the Specialist Insulation case is a timely reminder of the importance of being clear about which terms apply to a contract; and provides four simple steps to increase the chance of your standard terms applying.
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