By law the supplier is providing a 'counter-quotation' -- that is -- is renegotiating the transaction into a new deal.
Most PO have clauses for such issues -- things like mandatory arbitration.
If the EC ACCEPTS the counter-proposal -- then it constitutes a new contract, a new deal, and the EC is deemed accepting the substitution.
The issue would then be fodder for the opposing attorneys who, I can assure you, would love to debate the finer points -- on your dime.
Where we stand wouldn't be worth two bits in such a court case. It would turn on particulars that you have not included in your hypothetical.
BTW, the typical PO issued by the firms I've worked for does NOT allow for the supplier to even re-mark the document as to the type of fixture.
It only has lines for $$$$ and signatures and delivery dates.
That's because this type of omission has happened before.
That's a little tip for you budding ECs out there. You craft your own PO -- and the only document that constitutes acceptance is that same form counter-signed with ultimate acceptance turning upon your final authorization.
That way you stay out of court -- particularly bankruptcy court.
Edited by Tesla (04/20/13 09:36 PM)