Negotiating a commercial sales agreement often takes the following course. After preliminary discussions, a vendor sends its price quotation to a prospective buyer of the vendor’s goods. The quotation contains the vendor’s standard terms and conditions of sale, all of which heavily favor the vendor. The buyer then issues a purchase order reflecting the terms upon which the buyer desires to purchase the goods. The purchase order contains the buyer’s standard terms and conditions of purchase, all of which heavily favor the buyer. In some cases, the vendor follows with an acknowledgment restating its terms of sale.
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