UNLV Conflicting Language in The Buyer Purchase Questions

You are the Marketing Manager for We-Can-Furnish-It office Supply Company. In your role, you work with your company’s sale staff. This staff is divided between personnel who travel to make face-to-face calls and those who answer the phones and accept orders during these conversations. In addition to the sales staff, you also are responsible for the technicians who ensure online orders can be placed and filled.

The transactions with customers range from supplying an entire office building with furniture and everything that allows an office to function to delivering small amounts of basic office supplies. As you study the documentation, including purchase order forms and confirmation statements, of these various transactions, you wonder the answers to the following questions.

1. When does the negotiation end and a binding contract exist?

2. If there is conflicting language in the buyer’s purchase order and the seller’s confirmation, which language controls?

3. How can you determine when a contract has been performed fully?