Butler machine tools v ex-cell-o 1979
The quill, with 6 inches of travel, had a hand-lever operated quick feed, a wheel-operated fine feed and ex-cell-o a power up-and-down feed - which worked at three rates of .0015 .003" and .006" per revolution of the spindle.
The buyers replied on May 27, 1969, giving an order in these words: "Please supply on terms and conditions as butler below and overleaf." Below there was a list of the goods ordered, but there were differences from the"tion of the sellers in these respects.
That is well observed.
The rules relating to a battle of this kind ex-cell-o have been known for the past 130-odd years.The table and knee ways were all hand scraped and fitted with tapered gib strips; the table was not fitted with power feed as standard, but an optional kit was available-for either factory or retro-fitting-which, ex-cell-o using.25 hp motor, provided 12 speeds in two.In the language of article 7 of the Uniform Law on the Formation of Contracts for the International Sale of Goods they butler did materially alter the terms set out in the offer made by the plaintiffs.These terms and conditions shall prevail over any terms and conditions in the buyer's order.".The case was decided on the documents alone.It tools was even contended by the sellers that the letter enclosed with the acknowledgement receipt was in itself a counter offer which was accepted by the buyers by taking the physical delivery of the goods and hence the contract was made according to formers terms.I can understand that point of view.I am ex-cell-o afraid that I cannot agree with the suggestion that the buyers "trapped" the sellers in any way. Delivery integration 10 months (subject to data confirmation at time of ordering) other terms and conditions are on the reverse of this"tion.
This was because the T C mentioned in the order were poles apart from the T C mentioned in the"tion.
They, therefore, couldnt claim the increase in price as the price variation clause of the original offer, made by them, stood cancelled.This being delivered in accordance with chart our revised"tion of May 23 for delivery in 10/11 months,.e., March/April 1970.In my judgment, the battle has to be conducted in accordance with set rules.The small butler print was headed by the following words: "General.However, they episode signed the acknowledgement form stating, We accept your order on the terms and conditions stated therein. .Delivery was to be given in 10 months.It is a battle more on classical 18th century lines when convention decided who had the right to open fire first rather than in accordance with the modern concept of attrition.They sought to charge the buyers an increase due to the rise in costs integration between May 27, 1969 (when the order was given and April pentaho 1, cookbook 1970 (when the machine ought to have been delivered).
The buyers rejected the butler machine tools v ex-cell-o 1979 claim.
There were different terms as to the right to cancel for late delivery.
It said: "Prices are based on present day costs of manufacture and design and having regard to the delivery"d and uncertainty as to the cost of labour, materials etc.
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