1.   The terms may be incorporated in a document either by being set out in it or by reference to some other document.

2.   Is the contract on written standard terms if the terms are held on a word processor and one term is altered for dealings with a particular customer?

3.   Are terms standard on the first occasion they are used?

4.   A business has negotiated a set of terms for use on all contracts with a particular customer.

5.   Above all, the client should be advised of the need to adopt proper contracting procedures to ensure that the terms are properly incorporated into its contracts.

6.   If there has been previous trading between the same parties it may be possible to establish that the terms are incorporated by a course of dealing.

7.   The terms were therefore incorporated.

8.   The terms can be incorporated by reference.

9.   Where the parties have done business together regularly over a period of time it may be possible to establish that the terms are incorporated by a course of dealing.

10.   This followed the submission by CAHB of a revised proposal incorporating additional terms for proceeding with negotiations, it added.