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A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
For example, the Sale of Goods Act 1979 (UK) s15A [7] provides that terms as to title, description, quality, and sample (as described in the Act) are conditions save in certain defined circumstances. Innominate term
Among the terms and conditions of 31 cloud-computing services in January-July 2010, operating in England: [5] 27 specified the law to be used (a US state or other country) most specify that consumers can claim against the company only in a particular city in that jurisdiction, though often the company can claim against the consumer anywhere
In the United States, according to the Uniform Commercial Code Article 2, the contract of sale can be formed in different ways: (1) offer and acceptance, where a sale begins with an offer and acceptance; (2) firm offers, where a merchant's written offer remains open for a specified time; and (3) battle of the forms, where conflicting terms in ...
Standard Trading Conditions (STC) are standardized terms imposed by some countries for accepting cargo by shipping lines, airlines and logistics services providers like freight forwarders and customs agents. They are usually printed as the fine print behind the shipping documents like bill of lading, air way bill, or consignment note
With the recap telex, both parties can further discuss and bargain the main terms of the contracts. After all the details are agreed through numerous communications, a formal contract for the sale of the ship - Memorandum of Agreement (MOA) - will be drawn up. There are some standard form contracts for the MOA like the Norwegian Sale Form (NSF).
The CISG says that any change to the original conditions is a rejection of the offer—it is a counter-offer—unless the modified terms do not materially alter the terms of the offer. Changes to price, payment, quality, quantity, delivery, liability of the parties, and arbitration conditions may all materially alter the terms of the offer. [44]
Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. Condition or Warranty. [2] Conditions are terms which go to the very root of a contract. Breach of these terms repudiate the contract, allowing the other party to discharge the contract.
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