Question
The following communications passed between World Imports Limited, an Australian company, and China Exports Limited, a company carrying on business in Shanghai: Fax dated November
The following communications passed between World Imports Limited, an Australian company, and China Exports Limited, a company carrying on business in Shanghai:
Fax dated November 1, from World Imports Limited: "Please quote us price for tonne of canned raspberries."
Letter dated November 6, and delivered November 10, from China Exports: "We can supply canned raspberries at $A150 per tonne. Cans are in 500g, 1kg and 2 kg sizes and your order would consist of a fair distribution between these sizes. Delivery would be in equal monthly shipments commencing on February 1."
Fax dated November 11, and delivered on the same day, from World Imports Limited: "Your offer to supply 1 tonne canned raspberries accepted. Formal order follows."
Order form dated November 12, and delivered on November 15, from World Imports Limited ordering 1 tonne, setting out the terms given in paragraph 2 above and containing the following condition printed at the foot of the form: "All orders subject to the standard contract terms of the International Fruit Trading Association."
Fax dated November 15, and delivered November 16, from World Imports Limited: "Re raspberries - reduce order to three quarters tonne otherwise same terms."
Letter dated November 11, and delivered on November 17, from China Exports: "Thank you for your order. We note your acceptance of our terms."
Is there a contract between the parties? If so, what are its terms? In the answer, discuss the legal effect of each communication.
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