GHSP INC V AB ELECTRONIC LTD

[2010] EWHC 1828 (Comm), Queen's Bench Division, Commercial Court, Mr Justice Burton, 20 July 2010

Contract - Contract formation - Battle of the forms - Whether defendant had successfully exempted or restricted its liability by reference to its conditions - Applicability of Sale of Goods Act 1979

The claimant had placed orders with the defendant in 2004 for the manufacture of three-track pedal sensors to be incorporated into one of the claimant's products, a three-track electronic throttle pedal, for on-sale to the Ford Motor Company for use in their trucks. One batch delivered was defective; resulting in substantial losses. The question between the parties was as to the terms of the sale and which of them was to bear the loss. The claimant said that the terms in its purchase order or supplier's manual were applicable; whereas the defendant contended that the defendant's terms and conditions of sale applied.