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Perspective

Apr. 28, 2012

Battle of the forms: conflicting terms in purchase orders and acceptance agreements

The parties involved are often unaware of, or perhaps unconcerned by, the discrepancy in terms, and business can proceed without incident for years - until there is a problem. By Marc van Niekerk of Silicon Valley Law Group


By Marc van Niekerk


Purchase orders are commercial documents issued by buyers to sellers, indicating types, quantities, and prices for products or services. The purchase order allows a buyer to explicitly communicate intentions to a seller, and the seller is protected in case the buyer refuses to pay for the goods or services.


Sending a purchase order to a supplier constitutes a legal offer to buy products or services. Acceptance of a purchase order by...

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