英语翻译In the present case the judge thought that the sellers i
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英语翻译
In the present case the judge thought that the sellers in their original quotation got their blow in first:especially by the provision that “these terms and conditions shall prevail over any terms and conditions in the buyer's order.” It was so emphatic that the price variation clause continued through all the subsequent dealings and that the buyers must be taken to have agreed to it.I can understand that point of view.But I think that the documents have to be considered as a whole.And,as a matter of construction,I think the acknowledgment of June 5,1969,is the decisive document.It makes it clear that the contract was on the buyers' terms and not on the sellers' terms:and the buyers' terms did not include a price variation clause.
I would therefore allow the appeal and enter judgment for the defendants.
In the present case the judge thought that the sellers in their original quotation got their blow in first:especially by the provision that “these terms and conditions shall prevail over any terms and conditions in the buyer's order.” It was so emphatic that the price variation clause continued through all the subsequent dealings and that the buyers must be taken to have agreed to it.I can understand that point of view.But I think that the documents have to be considered as a whole.And,as a matter of construction,I think the acknowledgment of June 5,1969,is the decisive document.It makes it clear that the contract was on the buyers' terms and not on the sellers' terms:and the buyers' terms did not include a price variation clause.
I would therefore allow the appeal and enter judgment for the defendants.
在目前的情况下,法官认为卖方在原来报价了在第一次打击:特别的条款,这些条款和条件为准在买方订单中的任何条款和条件.“太强调价格变化条款一直持续到所有后续交易,买方必须采取同意它.我能理解的观点.但是我认为这些文件必须被视为一个整体的.并且,作为一个建设,我认为6月5日的承认,1969年,是决定性的文档.它很清楚,合同是买方的条款,而不是卖家的术语:和买家的术语不包括价格变动条款.
我因此允许被告上诉并审判进入.
我因此允许被告上诉并审判进入.
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