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No. IV.3.3 - Conflicting terms; battle of forms
(a) In case of conflict between a standard term and a term which is not a standard term the latter prevails.
(b) Where both parties use standard terms and reach agreement except on those terms, a contract is concluded on the basis of the agreed terms and of any standard terms which are common in substance unless one party clearly indicates in advance, or later and without undue delay informs the other party, that it does not intend to be bound by such a contract.
has indicated in advance, explicitly or by way of standard contract terms, an intention not to be bound by a contract on the basis of Subsection (b); or
without undue delay, informs the other party of such an intention.
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