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Critical Analysis of Butler Machines V Ex-Cell-O Corporation.
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Critical Analysis of BUTLER MACHINES V EX-CELL-O CORPORATION The facts of the case were as follows; on May 23 1969, the claimant sellers offered to deliver a machine tool for the price of £75 535 on their terms of business set out in the quotation, which were to prevail over any terms in the buyers' order. The sellers' terms included a price variation clause whereby it was a condition of acceptance that goods would be charged at prices ruling at date of delivery. The defendant buyers replied on May 27 1969, giving an order with differences from the sellers' quotation and with their own terms and conditions containing no price variation clause. The order had a tear off acknowledgment for signature and return which accepted the order "on the terms and conditions thereon." On June 5, 1969, the sellers, after acknowledging receipt of the order on June 4, returned the acknowledgment...
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