> I understand how pointless it is to send all
> the data and that all the data would most likely be ignored.
It is even worse than that. A responsible receiver would have to check that the
sender actually sends initially the same terms as agreed and after that never
changes them without permission.
This typically creates a lot of trouble on the receivers side (for example
concatenating all text lines, calculating a checksum and comparing the checksum
with "accepted" versions), and it should be avoided for the very same reason.
If the legal department suggest you need the terms on the invoice or order they
typically have not been involved in setting up a frame contract - actually most
likely there is no frame contract. This is a good alert sign.
One of the things to look out for is, if the general T&C are actually apply to
the order/business you are doing. Cause even without EDI those kind of
relationships typically have very special agreements - amending or replacing
the general T&C.
Just another hint: you want to explicitely forbid/exclude freetext terms and
conditions altering the agreed upon contract (like discounts, delivery terms,
product variantions, etc) in that EDI agreement to be on the safe side (and you
might want to raise a warning if any such unexpected segments are contained in
the EDI transmissions)
Typically model agreements should cover those cases. I know for the US its
problematic to have a good coverage of all the state laws. Same is for the EU
with national regulations.
> I also understand these T&C would have to be agreed upon before our two
> companies even began to do business.
Actually yes, they have to bee agreed, but this does not mean that they are
talked about and signed. The fact that someone orders at a company can be a
indication that he agrees to the general terms of that business. (Variations of
that occur depending of it is B2C or B2B and of course of the actual locale of
the tranaction partners).
For EDI luckly you most often do not do ad-hoc business with unknown/new
partners so you do have the time to get a contract set up.
Greetings
Bernd
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