C R Smith Glaziers (Dunfermline) Ltd v Toolcom Supplies Ltd & Anor [2010] ScotCS CSOH_7 (15 January 2010)

C R Smith Glaziers (Dunfermline) Ltd v Toolcom Supplies Ltd & Anor [2010] ScotCS CSOH_7 (15 January 2010)

The pursuers' standard terms were not incorporated into the contracts because the terms were never communicated to the defenders; only the front page of the order form was faxed, and the reverse (containing the terms) was always blank. The contracts for rivets ordered by reference to 'Gesipa' were sales by description requiring supply of Gesipa rivets until the pursuers became aware that non-Gesipa rivets were being supplied. Implied terms under the Sale of Goods Act 1979 sections 13(1) and 14(2) applied to the relevant contracts. The first order (PX0106) was not a sale by description of Gesipa rivets due to insufficient evidence.

Citation
[2010] ScotCS CSOH_7
Parties
Pursuer: C R Smith Glaziers (Dunfermline) Limited; Defender: Toolcom Supplies Limited; Third Party: Fit-Lock Systems Limited
Jurisdiction
Scotland
Judgment Date
15 January 2010
Procedural Posture
Commercial Contract Dispute / Preliminary Proof (interlocutor Dated 20 December 2007)
Outcome
Preliminary proof concluded; cause appointed to By Order roll for further procedure and expenses.
Legal Topics
Incorporation of Standard Terms, Sale by Description, Implied Terms Under Sale of Goods Act 1979, Course of Dealings, Interpretation of Contractual Documents
Contract Law Commercial Law Incorporation of Standard Terms Sale by Description Implied Terms Under Sale of Goods Act 1979 Course of Dealings Interpretation of Contractual Documents

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Parties

C R Smith Glaziers (Dunfermline) Limited

Pursuer

Toolcom Supplies Limited

Defender

Fit-Lock Systems Limited

Third Party

Procedural Posture

Commercial Contract Dispute / Preliminary Proof (interlocutor Dated 20 December 2007)

Legal Issues

  1. 1 Whether the defenders' standard terms were incorporated in the contracts of sale
  2. 2 Whether the pursuers' standard terms were incorporated in the contracts of sale
  3. 3 Whether implied terms under Sale of Goods Act 1979 sections 13(1), 14(2), and 14(3) applied

Ratio Decidendi

The pursuers' standard terms were not incorporated into the contracts because the terms were never communicated to the defenders; only the front page of the order form was faxed, and the reverse (containing the terms) was always blank. The contracts for rivets ordered by reference to 'Gesipa' were sales by description requiring supply of Gesipa rivets until the pursuers became aware that non-Gesipa rivets were being supplied. Implied terms under the Sale of Goods Act 1979 sections 13(1) and 14(2) applied to the relevant contracts. The first order (PX0106) was not a sale by description of Gesipa rivets due to insufficient evidence.

Court Disposition

Preliminary proof concluded; cause appointed to By Order roll for further procedure and expenses.

Orders

  • Cause to be appointed to By Order roll to consider further procedure and deal with expenses.