Trade creditors know all too well that the terms governing a sale of goods are not always neatly packaged in a single, fully executed agreement with clear terms and conditions. A “contract” between a buyer and seller often emerges through purchase orders, invoices, email exchanges and other transactional documents exchanged in the ordinary course of business. When those documents contain competing terms, a dispute may arise as to the existence of a contract, and the governing terms—a “Battle of the Forms.”

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