Selected Cases by Article & Issues
(1) Where one party or both parties use standard terms in concluding a contract, the general rules on formation apply, subject to Articles 2.1.20 - 2.1.22.
(2) Standard terms are provisions which are prepared in advance for general and repeated use by one party and which are actually used without negotiation with the other party.
|1||'Standard terms' defined||3|
|1.1||Terms prepared in advance for general and repeated use by one party||1|
|1.2||Terms used without negotiation with the other party (see Art. 2.1.21)|
|2||General rules on formation apply||2|
|2.1||Standard terms contained in the contract document itself||1|
|2.2||Standard terms contained in a separate document||1|