Signature Of Customer's Order Form After Start Of Contract

Harsco Infrastructure Services Limited –v- Bellway Homes Limited [2011] All ER (B203)

HIS submitted a quotation on its standard terms to Bellway for the supply of scaffolding for hire. Bellway accepted the quotation and the first deliveries of scaffolding were made. At the end of the month, Bellway gave HIS a sub-contract order, together with a copy of its terms and asked HIS to sign the order. HIS wrote back a holding letter confirming that scaffolding would continue to be supplied on its terms, but that the order was being reviewed. The general manager of HIS pointed out that the order referred to the contract as being a lump sum contract, whilst the quotation stated that it was to be on a fixed price basis. Scaffolding continued to be supplied. The general manager in due course signed the order on behalf of HIS, at least in part to obtain payment which had not yet been made. Eventually there was a fire on the site and the question arose as to whether Bellway was obliged to compensate HIS as provided by HIS' standard terms. HIS sought to rely on terms attached to its quotation. Bellway relied on the signed order which made clear reference to Bellway's terms and therefore had the effect of substituting those terms for the terms of HIS.

The High Court...