Facts
Butler Machine Tool Co Ltd made and sold machine tools. They sent a letter to Ex-Cell-O on May 23 1969 offering Ex-Cell-O some new machinery for £75,535. With it, was Butler's standard contract terms. It included a price variation clause, so that if their manufacturing costs went up, that price rise would be passed on to Ex-Cell-O. Ex-Cell-O replied on May 27 and said they would order the machinery, but on Ex-Cell-O's own standard terms. Ex-Cell-O's standard terms did not have a price variation clause. Butler replied on June 5. It replied on the tear-off slip from Ex-Cell-O's terms. At the bottom of this slip it read, "We accept your order on the terms and conditions stated therein." But Butler added a letter reasserting that the deal was being made under Butler's own terms, from the May 23 letter. A while later, nothing further had been said, and Butler delivered the machinery. They asked for £75,535, plus £2,892 according to their price variation clause. Ex-Cell-O refused to pay the extra. Butler sued Ex-Cell-O.
Read more about this topic: Butler Machine Tool Co Ltd V Ex-Cell-O Corp Ltd
Famous quotes containing the word facts:
“Plain women he regarded as he did the other severe facts of life, to be faced with philosophy and investigated by science.”
—George Eliot [Mary Ann (or Marian)
“Had Adam tenderly reproved his wife, and endeavored to lead her to repentance instead of sharing in her guilt, I should be much more ready to accord to man that superiority which he claims; but as the facts stand disclosed by the sacred historian, it appears to me that to say the least, there was as much weakness exhibited by Adam as by Eve. They both fell from innocence, and consequently from happiness, but not from equality.”
—Sarah M. Grimke (17921873)
“It is of the highest importance in the art of detection to be able to recognise out of a number of facts which are incidental and which are vital.... I would call your attention to the curious incident of the dog in the night-time.
The dog did nothing in the night-time.
That was the curious incident.”
—Sir Arthur Conan Doyle (18591930)