Why would you ever have to sign any type of agreement before you ever see the terms. When shopping for a car would you sign a letter stating that you will buy a car for ุꯠᇸ and hand them your money hoping that they give you a new BMW when they deliver to you a 1975 Pinto? No of course you would not.
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.