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[3] Senior counsel for both parties accepted that this was not a case pled and based upon a course of dealings between the parties. The case proceeded on the basis that over a period of years from June 1996, the pursuers and defenders concluded multiple individual contracts of sale for rivets. The paperwork lodged as productions which formed the basis of the individual contracts is the subject of some agreement in the joint minute number 30 of process. Within the productions, and referred to in evidence there are descriptions of the rivets which are the subject of the contracts of sale.
The issues in dispute before proof [4] The main issues which required to be determined after preliminary proof were as follows:
(1) Were the defenders' standard terms incorporated in the individual contracts of sale?
(2) Were the pursuers' standard terms incorporated in the individual contracts of sale?
(3) Did the individual contracts of sale include an implied term imposed by the Sale of Goods Act 1979 (hereinafter referred to as "the 1979 Act"), section 14(2)?
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