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Butler Machine Tool Co. made and sold machine tools. They sent a letter to Ex-Cell-O on May 23, 1969 offering Ex-Cell-O some new machinery for £75,535. With it, was Butler's standard contract terms which included a price variation clause, so if their manufacturing costs went up, that price rise would be passed on to Ex-Cell-O. Ex-Cell-O replied on May 27 and said they would order the.. Butler Machine Tool Co Ltd, a company manufacturing and selling machine tools, offered to sell machinery to Ex-Cell-O Corp on May 23, 1969, for £75,535, including standard contract terms. Ex-Cell-O responded on May 27, accepting the offer but using its own standard terms, which lacked a price variation clause present in Butler's terms.

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Case Citation: Butler Machine Tool Co Ltd. V Ex-Cell-O Corp (England) Ltd [1979] 1 WLR 401 Courts: Court of Appeal. Material Facts: Butler Machine Tool & Co made and sold machine tools. Butler sent a letter to Ex-Cell, offering some new machinery for £75, (10 month delivery). On the back of the quote there were terms and conditions, one of.. 1. This case is a "battle of forms" The suppliers of a machine, the Butler Machine Tool Company Ltd., on the 23rd May, 1969 quoted a price for a machine tool of £75,535. Delivery was to be given in 10 months. On the back of the quotation there were terms and conditions.