the parties is that the defendant as and when it required the goods, would place an order which would be confirmed by the plaintiff by issuing a document called an 'order acknowledgment' to the defendant. The said order acknowledgment contained, inter-alia, the name of the orderer, delivery address, invoice receiver, details of the goods and the value. The plaintiff had raised 11 such order acknowledgments upon the defendant. The plaintiff would thereafter supply the goods and raised invoice upon the defendant. The plaintiff to cover the 11 supplies, raised 11 invoices. Copies of the order acknowledgments are at Exh.A-1 to Exh.A-11 and the invoices are from Exh.C-1 to C-11 to the plaint. The invoice on the reverse provided the terms and conditions of sale, two of which are very relevant to the present suit. There are 'terms of payment' which provides 'interest on delayed payments will be charged @ 25% per annum on invoices not paid before due date' and complaint regarding the supplies made should be reported within 15 days from date of receipt of the goods; that details of discrepancies and shortages in and damages to consignments should be recorded in the carrier's delivery book by the consignee to substantiate the claim of the claimant against the carrier as and when preferred and should be intimated within 7 days.
