How can I avoid getting into a battle of the forms?

The best way to avoid a battle of the forms is for both parties to refrain from using boilerplate form documents and to create a single contract document upon which both parties agree. Unfortunately, this is not always a practical way to do business.

Where the use of forms is unavoidable, sellers can institute best practices to avoid falling into the battle of the forms trap:

• Make certain that your terms and conditions contain clear language regarding contract formation and that they follow the UCC rules. This will require consultation with legal counsel.
• Make certain that any quotation or offer clearly contains, and is subject to, your terms and conditions.
• Assert your terms and conditions at every step in the process.
• Do not sign or otherwise consent to a buyer’s terms and conditions.
• Object to the buyer’s terms and conditions clearly and at every opportunity.
• If possible, for customers with whom you have an ongoing relationship, enter into a "Master Supply Agreement" or similar umbrella arrangement to expressly set forth the terms governing transactions between the parties in the future. The Master Supply Agreement would expressly supersede the boilerplate terms and conditions of both parties.

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