This was an appeal against a decision incorporating a term into a contract between Gordon Russell (UK) Ltd and Peter Warwick. Warwick had bought bespoke furniture from Gordon Russell. Gordon Russell had provided three quotations to Warwick. The third quotation included the term that the balance was due “on completion/sign-off by client” although the earlier two quotations had been accompanied by the standard conditions of sale. These standard conditions contained a provision that payment should be made at the end of the calendar month following the month of Gordon Russell’s invoice.

Warwick “accepted” the third quotation by signing the quotation. This was acknowledged on 25 October 2002 and referred to payment terms in the terms of the standard conditions. Gordon Russell subsequently claimed against Warwick for sums due following the installation of the furniture.

Which payment term applied to the contract between the parties? Was the third quotation an invitation to treat or an offer that was capable of acceptance?