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Counter-offer

For a legal agreement to arise, the offer must be accepted totally and unconditionally. If an offer is returned with different conditions it is not an acceptance but a counter-offer which the other party can either accept or reject.

This exchange has become known as the "Battle of the Forms".  This conflict is a very common one and often no problems arise.  However, to be safe, the issue should be resolved at the time that the two parties agree the contract.

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