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.
Utah Conflicts Between Printed Form and Added Terms refer to legal disputes that arise when there is a conflict between the terms and conditions stated in a printed form and any additional terms added to a contract. In Utah, there are specific regulations and laws that govern these conflicts, aiming to resolve them in a fair and consistent manner. In such conflicts, it is essential to distinguish between the printed form, which usually contains standard terms and conditions, and the added terms, which may be negotiated or customized specific to the transaction. The added terms may be included in a separate document or added to the printed form. The Utah Code, particularly Section 70A-2-207, provides guidance on how to resolve conflicts between printed form and added terms. The code differentiates between three scenarios: 1. Express Acceptance: This occurs when both parties explicitly agree to the added terms that conflict with those in the printed form. In this case, the added terms take precedence over the printed form. 2. Conditional Acceptance: If one party accepts the offer while adding new terms (often referred to as "terms as proposed"), it is considered a conditional acceptance. The acceptance is still valid, even if it adds conflicting terms to the printed form. However, the conflicting terms are treated as proposals for additional terms and do not automatically become a part of the contract. 3. Conduct as Acceptance: Sometimes, parties conduct themselves in a way that indicates acceptance of an offer despite conflicting added terms. This conduct can be interpreted as acceptance, but any conflicting terms added by the accepting party are treated as proposals for additional terms. The Utah Code also addresses issues associated with merchants involved in the transaction. It specifies that if both parties are merchants, the additional terms proposed by one party become part of the contract unless: a) The offer expressly limits acceptance to the terms of the offer. b) The additional terms materially alter the offer. c) The offer or objects to the additional terms within a reasonable time. In conclusion, conflicts between printed form and added terms in Utah are resolved by considering the sequence of events, express or conditional acceptance, and the conduct of the parties involved. Familiarizing oneself with the relevant provisions of the Utah Code can help navigate and understand these conflicts for a fair resolution.
