Battle of the Forms. This Agreement contains the entire agreement and understanding of the Parties and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of this Agreement. Any Orders placed under this Agreement shall be solely governed by the terms and conditions of this Agreement. No general terms and conditions of either party referred to in purchase orders, order confirmations or elsewhere shall apply, unless expressly agreed in writing.
Battle of the Forms. Unless otherwise expressly agreed to in writing, in the event of a conflict between this Agreement and any purchase order or other document forming part of any order placed hereunder, the terms and conditions hereof shall govern.
Battle of the Forms i. Prevents a party from slipping out of a contract, as one would be able to under the “mirror image” rule for merchants with regards to the sale of goods. Party with the parting “shot” is denied unwarranted advantage.
1. Wherever possible, the UCC tries to find a contract, so as to keep the parties from weaseling out (as they often try to do when the market changes).
Battle of the Forms. No additional terms and conditions that a Party includes in or with a Purchase Order, Release Adjustment, purchase order acceptance, payment, course of dealing between the Parties or industry custom, or otherwise, shall vary the terms and conditions set forth in this Agreement shall apply except as provided in Section 22.19 below.
Battle of the Forms. The terms of this Shipping and Transaction Agreement shall govern and not be superseded by terms from any other agreement, invoice or other document sent by you.
