Selected Cases by Article & Issues
Article 2.1.221 Cases
Where both parties use standard terms and reach agreement except on those terms, a contract is concluded on the basis of the agreed terms and of any standard terms which are common in substance unless one party clearly indicates in advance, or later and without undue delay informs the other party, that it does not intend to be bound by such a contract.
|1||Battle of forms defined||1|
|1.1||Difference with modified acceptance (see Art. 2.1.11)|
|1.2||Difference with writings in confirmation (see Art. 2.1.12)|
|3.1||Exclusion by parties|