This lease rider form may be used when you are involved in a lease transaction, and in the event of a conflict or inconsistency between the printed terms of this Lease and added terms of the Lease, the added terms shall control and be deemed to supersede the printed terms of the Lease.
Texas Conflicts Between Printed Form and Added Terms occur in contracts when there is a conflict between the pre-printed terms and the additional terms added by one of the parties. These conflicts can arise in various types of contracts such as purchase agreements, lease contracts, employment agreements, and service contracts, among others. Resolving conflicts between printed form and added terms is crucial to ensure the enforceability and validity of the contract. In Texas, there are a few different types of conflicts that can arise between printed forms and added terms. The most common types include: 1. Ambiguous or Inconsistent Terms: This type of conflict occurs when the terms of the printed form contradict or are inconsistent with the added terms. For example, if a lease agreement pre-printed term specifies a monthly rent amount, but the added term states a different amount, there is a conflict that needs to be resolved. 2. Priority of Terms: In some cases, the conflict between printed form and added terms arises when determining which terms take precedence over the others. Texas law determines the priority of terms based on factors such as specificity, clarity, and whether the added terms were intended to modify or replace the printed terms. 3. Supplementary Terms: Conflicts can also arise when added terms seek to include supplementary provisions that are not addressed in the printed form. For instance, if a printed form for a service contract does not mention the liability of the parties, but the added terms include a liability clause, there may be a conflict. Resolving conflicts between printed form and added terms in Texas generally involves a process called "contract interpretation." Texas law employs a set of guiding principles to decipher the parties' true intentions and give effect to the agreement as a whole. These principles include: 1. Course of Performance: The parties' previous actions under the contract can be considered as evidence of their intentions and can help resolve conflicts. 2. Course of Dealing: Similar to course of performance, course of dealing refers to the parties' prior conduct and interactions when interpreting the contract. 3. Trade Usage and Custom: When applicable, customary practices or trade usage within a specific industry can assist in resolving conflicts. 4. Express Terms: The specific language used in the contract's added terms may override any conflicting provisions in the printed form. It is important for parties to carefully review and negotiate contracts to avoid conflicts between printed form and added terms. In cases where conflicts do arise, seeking legal counsel is recommended to ensure compliance with Texas contract law and protect the parties' rights and interests.
