State that, no binding contract is to come into effect, except to the extent set out in the letter and that neither the letter nor any work done or payment made under the letter shall be deemed to be a waiver of the requirement to provide a binding contract. Finally, every effort should be made to finalise the contract as soon as reasonably practicable after the letter of intent has been signed.
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.