If your most qualified prospect submits a Letter Of Intent that includes a lower price and more generous terms than you had wanted or a less qualified buyer has submitted a more attractive LOI, then now is the time to negotiate with the stronger prospect. It's almost impossible to improve the deal once you have accepted (by signing) the Letter Of Intent. However, the buyer may find reasons to re_negotiate a lower price during the due diligence phase.
So, the preliminary question before the Court was on which terms the contract between the parties was formed. In an unexpected decision, the Court decided that, the contract did not include either set of standard terms, because the parties had not reached agreement on their precise wording and there was no conduct that could be interpreted as accepting the other's terms. The Court, therefore, held that the contract terms were governed by the Sale of Goods Act.