The case of P4 Limited v Unite Integrated Solutions Plc is a reminder that, if you are going to rely upon terms and conditions, you should ensure that all of the terms are legible and included in the contract. In this case, P4 made no reference to terms and conditions on the face of its quotation. The terms and conditions were printed on the reverse. P4 could not establish that they had been sent. This is a common problem where a quotation is sent by fax – always remember to fax both the quote itself and the terms and conditions.
The supplier, P4, claimed against the main contractor, Unite, on a project where it had supplied emergency light fittings to an M&E sub-contractor who was now insolvent. P4 lost its case. Not only did it fail to show that it had incorporated its terms and conditions but, because Unite was able to rely on section 25 Sale of Goods Act 1979, Unite persuaded the court that it had received the goods in good faith and without notice of P4's rights.
The moral is to take care to ensure that terms and conditions are received by whomever you wish to be bound by them.