T&C discrepancy arguments...

[Buffalo]

Submitted a quote to provide engineering services with a repeat Client, we don't have a formal contract so I provided my company standard Terms & Conditions with the quote. Received the Purchase Order this week, in which they've copied most parts over but changed payment terms to Net 45 days (ours are Net 30 days) and also awarded themselves a 2% discount if they pay within 10 days of accepting the invoice.

The likelihood of them qualifying for the 2% discount is low - based on previous performance - but I am interested to know if they did manage it, how it might transpire. My feeling is if they wanted to discuss such payment terms the time is prior to the award of the Purchase Order (i.e. send a contract document with such demand upfront and we can consider it/ accept it/ argue it first). Chucking it in the PO is rather cheeky and I have written back stating that the payment terms are incorrect.

I'm interested to hear of any stories of similar situations where Terms & Conditions provided with a quote conflict the terms provided by the Client in the Purchase Order. If it did go to resolution, would one set win over the other?

[Buffalo]

Yeah, battle of the forms sounds about right... Thanks, I've replied stating original Ts & Cs apply and will wait to see what transpires. I have a call with the main contact (not buyer) today anyway so will also speak to him directly.

[Buffalo]

I have escalated it to the department head for the two POs I have now received. I will see what they say - I expect it is a case of the buyer does what is "his" job. If someone higher up tells him to alter it, he probably will but until then "not worth my job mate". I have also requested a service agreement to be in place for future adhoc work so that at least the terms can be argued up front rather than when the monies are due to change hands.