ISSUE:
On whose terms and at which point was the contract formed?
RULE:
In the battle of forms, generally, the last shot wins.
A reply to an offer which implies acceptance but lays down terms and conditions materially different from that of the offer shall amount to a counteroffer. This, when duly acknowledged and accepted by the offeror becomes an acceptance to the counteroffer and shall bind both the parties to the terms specified in the counteroffer.