Contracts
Purchase Order
California
Contract versus PO?
I'm working with a client who refuses to sign our contract document while mentioning that the PO would suffice for that purpose. I already signed the contract and sent it back to the client that I'm working with, but they didn't sign it so far and refuse to sign it. But according to them, they will send PO. Is the PO legally binding to them to make the payment? Would the PO really suffice against the contract that I signed?
1 Attorney answer
Answer
Contracts
California
Christopher M.
ContractsCounsel verified
Annoying as this answer it, it really does depend. Some purchase orders (especially in the government contracting world) automatically become contracts once they are accepted and signed. If this is the other sides normal mode of operating it is not unheard of for them to be reluctant to accept a different contract in case it creates different or conflicting terms. At the end of the day there is nothing inherent in a PO that would mean it cannot serve as a binding contractual document, it just depends on the language in the PO.