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ARTICLE · 04 APRIL 2023

Legal Developments In Construction Law

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A housebuilder sent a purchase order to a stone supplier. The order stated that it was subject to the company's standard conditions for purchase orders, which could be viewed at its stated...

United StatesReal Estate and Construction
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1. The t's and c's that apply are on my website – is that good enough? (And was a delivery note a counter offer?)

A housebuilder sent a purchase order to a stone supplier. The order stated that it was subject to the company's standard conditions for purchase orders, which could be viewed at its stated website address. Were these terms and conditions, which were not set out in the purchase order, incorporated by reference in the contract made?

In ruling that they were, the court noted that the textbook, Chitty on Contracts, 33rd edition, said that reference to standard terms to be found on a website may be sufficient to incorporate the terms on the website into the contract and in Impala Warehousing and Logistics (Shanghai) Co Ltd. v Wanxiang Resources (Singapore) Pte Ltd the court had said:

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