Combat des formulaires : que survit-il ?

Deux formulaires, un contrat

Faits de l’espèce

• both parties use conditions générales and reach agreement except on those terms
• the term is a provision prepared in advance for general and repeated use by one party and actually used without negotiation with the other party
• the standard term is common in substance with the conditions générales of the other party
• the term is a provision prepared in advance for general and repeated use by one party and actually used without negotiation with the other party
• the term is a provision prepared in advance for general and repeated use by one party and actually used without negotiation with the other party
• term could not reasonably be expected

• contract-on-common-terms: Établi
• arbitration-is-part: Établi
• liability-cap-is-part: Non établi