LAWS 4209 Lecture Notes - Lecture 3: Kleinwort Hambros, Fax, London Metal Exchange
Document Summary
Butler machine tool co. ltd. v. ex-cello-o corporation (england) ltd. Butler machine tool co. makes and sells machine tools. They sent a letter to ex-cello-o on 23 may 1969 offering them new machinery for 75,535 pounds. Butler"s standard contract terms were included: a price variation clause (if their manufacturing costs go up, the price increases for the buyer) Ex-cello-o responded to butler"s offer on 27 may 1969 and said they would order the machinery but on ex-cello-o"s own standard terms which do not include a price variation clause. Butler responded on 5 june 1969 on the tear-off slip from ex-cello-o"s terms and the bottom of the slip read we accept your order on the terms and conditions stated therein . Butler added a letter that reasserted that the deal was being made under. Butler"s own terms from the letter dated 23 may 1969.
