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In a contract of sale, both the selling and the buying organisations had their own General Conditions of Contract (GCC), the seller for selling the
In a contract of sale, both the selling and the buying organisations had their own General Conditions of Contract (GCC), the seller for selling the goods and the buyer for buying them. The seller sent a quotation offering to sell 100 printers for Rs. 12,000 per piece, to be delivered in ten days at the premises of the buyer. The quotation mentioned that the sale is on the terms contained in the GCC of the seller. The buyer responded, 'We accept your offer. The goods are to be supplied according to our GCC.' The seller responded, 'Thank you for your order. We are supplying the goods in accordance with our GCC.' How should the communication be interpreted? a. In the case, each communication is a provisional acceptance of the other. Thus, no agreement is formed as yet. b. The communication should be looked at as a whole. As the parties are settled on the sale, the parties have reached an agreement despite their difference on the issue of the applicable GCC. c. The business parties negotiate on different terms at different times, eventually coming up with a meeting of minds. The law, to facilitate the formation of contracts, explores this
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