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MSA and Order Form Conflict Register

Six documents and three sheets that sort every order form difference into a conflict, a supplement or a purported amendment before anything gets resolved.

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Conflict Register  ·  Halvern Systems and Kestrel Freight, one master and seven order forms

Nineteen differences, and the precedence clause reaches six

RefForm§SubjectKindGovernsActing on the losing words
C‑1OF‑311.2Cap set to that form's own feesConflictMasterReserve booked at 96,000
C‑3OF‑416.1New York law and venueConflictMasterComplaint being drafted there
C‑5OF‑69.4Affiliate data hosted in the EUConflictMasterDPO briefed on EU hosting
C‑6OF‑714.1Notices to the procurement inboxConflictMasterCure notice served there
S‑3OF‑5699.95 percent uptime with creditsSupplementOrder formnone
S‑4OF‑713Convenience exit on 60 days noticeSupplementOrder formnone
S‑5OF‑6noneCyber cover, customer additional insuredSupplementOrder formnone
A‑1OF‑411.2Cap measured over 24 monthsFails carve-outMasterDemand letter priced on it
A‑4OF‑53.2Successive automatic renewalsValid amendmentOrder formnone

Six conflicts, nine supplements, four purported amendments

The precedence clause resolves the six. The carve-out disposes of the four, two of them valid and two failing on the signature line. It never reaches the nine, because there is no tie to break where the master said nothing at all.

Eight of the nineteen rows have a named person deciding something today on words that do not govern.

Ask how to stop an order form overriding a protection in the master and you get one answer: an order of precedence clause with an express-amendment carve-out. Ranking is not the only shape that works. The government's own commercial-items contract ranks the schedule of supplies and services first, above its own contract clauses, and splits a single clause across two separate rungs. The question worth asking before any of that is not which document wins. It is whether the two documents are in conflict at all.

Halvern Systems and Kestrel Freight is the stack worked through here: one master from March 2023, seven order forms under it, nineteen differences. Six are conflicts, so the precedence clause resolves them. Four purport to amend, so the carve-out decides them and two fail. Nine are supplements, where the master said nothing and the order form simply governs. Legal read two of the seven forms, and fourteen differences sit in the five nobody reviewed. The positions those forms should have been checked against belong in the contract playbook pack.

One cap clause carries three numbers. The risk register reserves 96,000, taken from the order form. Clause 11.2 reads 977,000 against the invoices. The demand letter asks 1,880,000, priced off an amendment a regional sales director signed. That amendment fails the carve-out. Failing is not the end of it, because Delaware's commercial code says an attempt at modification that misses the signed-writing requirement can still operate as a waiver.

One stack, and the four sheets that price it

Values in Force, the Exposure Note, Term Allocation, and the corrected Order Form Template.

Values in Force  ·  six terms the master exists to fix once

Sixteen values running under one master agreement

Term§Value in forceSource
Liability cap11.2Fees paid in the 12 months before the claimMaster as signed
Fees paid under the applicable order formOF‑3
Fees paid in the 24 months before the claimOF‑4 via A‑1
Silent on whether an affiliate claim shares itOF‑6
Term and renewal3.212 months, no automatic renewalMaster as signed
Successive 12-month renewals, 90 days noticeMaster via A‑4
3.124-month termOF‑4
Service levels6An online page Halvern may update at willMaster as signed
99.95 percent with credits in Schedule 2OF‑5
Whatever that page says this morningReality
Permitted users4.1Two values, one of them a valid amendmentOF‑2, OF‑6
Termination13Two values, convenience exit on OF‑7 onlyOF‑7
IP in deliverables8.1Two values, and both teams work to the losing oneOF‑3

The count is the finding

A term with one value is working. A term with four is not a drafting problem, it is a live disagreement nobody has had yet. The cap has four. Both engineering teams have been working to the IP clause that does not govern for 816 days.

Exposure Note  ·  claim notified 6 January 2026 on the OF‑3 migration

One cap clause, three numbers, and none of them agree

ReadingSourceAmount
Fees under the applicable order formC‑1, OF‑396,000
Fees paid in the 12 months before the claimMaster 11.2977,000
Fees paid in the 24 months before the claimA‑1, OF‑41,880,000

Where 977,000 comes from

InvoiceDateAmount
OF‑4 renewal, 210 seats1 Mar 2025640,000
OF‑7 true-up, 25 seats1 Mar 202574,000
OF‑5 analytics module11 Jul 2025145,000
OF‑6 affiliate addition5 Dec 2025118,000
Twelve months to the claim977,000

The spread

Reserve to demand is 1,784,000. Between the two readings actually in play it is 903,000, which is one earlier billing cycle of OF‑4, OF‑5 and OF‑6. The reading producing the largest number is the one whose own order form contributes least to it.

A-1 fails the signature condition. Check two years of claims handling before treating 977,000 as settled.

Term Allocation  ·  twenty terms, and where each one belongs

What an order form may set, and what it may not touch

TermBelongs inOrder form mayStatus here
Limitation of liabilityMasterState nothing4 values in force
Renewal mechanic and noticeMasterState nothingAmended by A‑4
Governing law and venueMasterState nothingConflict C‑3
Notice addressesMasterState nothingConflict C‑6
Data location and subprocessorsMasterState nothingConflict C‑5
InsuranceMasterState nothingSupplement S‑5
Audit rightsMasterState nothingFailed amendment A‑3
Service levels and creditsMasterPoint to a scheduleSupplement S‑3
Permitted users and affiliatesMasterName entities onlyAmended by A‑2
Term lengthOrder formSet freely3 values in force
Price and quantityOrder formSet freelyConsistent
Onboarding datesOrder formSet freelySupplement S‑6
Marketing and reference rightsOrder formSet freelySupplement S‑8

Four of twenty are genuinely per-deal

Everything else accumulated more than one value or caused a conflict, which is how it earned a place on the printed list in the corrected form. A cap should not be free text on a pricing sheet.

Order Form Template  ·  drafted against what the register caught

The fields, the amendment block, and the box that is gone

Owned by whoever fills it in

Product or module. Seat or usage quantity. Price and billing frequency. Term length and start date. Named affiliate entities from the approved list. Implementation dates. Billing contact and purchase order reference.

Printed and not editable

Liability cap. Exclusions. Indemnity scope. Renewal mechanic and the notice period to stop one. Termination rights. IP in deliverables. Governing law and venue. Notice addresses. Fee refundability. Hosting region. Insurance.

The amendment block, empty by default

FieldWhy it is there
Section [ ] of the Agreement is amended to readForces the section number, one of the two carve-out conditions
[ ] All order forms  /  [ ] This order form onlyA-4 reached every order form and nobody chose that
Two authorised officer signature linesA-1 would have failed here, visibly, instead of 18 months later

Schedule C, and what replaced the free-text box

Operational commitments get a named home with an owner and a date against each one. The Additional Terms box is gone, and the sentence sending anything else to legal is printed beneath the signature line rather than in a policy nobody opens.

S-3 ran 550 days before anyone at Halvern knew there was a 99.95 percent number in the paper.

What's in the pack

01

Conflict Register

One row per difference, classified before it is resolved, carrying what governs, the reason, and who is acting on the losing words.

02

Values in Force

Every term the master exists to fix once, with each value actually running in the stack and the document that put it there.

03

Term Allocation

Twenty terms assigned to the master or the order form, each with the reason and its current status across the whole stack.

04

Precedence and Conflict Note

The clause rewritten as five questions in order, plus the things it cannot do, so a register row cites a rule instead of re-arguing it.

05

Exposure Note

The cap priced three ways against the invoice history, and the renewal deadline an amendment moved 508 days before it arrived.

06

Order Form Inventory

Seven forms with fee, date, difference count and whether legal reviewed it, which is the column that reframes the whole exercise.

07

Order Form Template

Printed fields nobody can edit, a declared amendment block with a reach checkbox, and a named home for operational commitments.

08

Master Agreement

A reading record of the thirteen clauses that decide register rows, plus the six subjects the master never addressed at all.

How to use it

  1. 1

    Open in River, or take it blank

    Hand River the executed master, every order form and schedule signed under it, and one line on which of them legal reviewed. Or take the Word documents and CSV sheets from the template library.

  2. 2

    Turn the precedence clause into a rule

    Five questions, in order, before any document gets read against another. The first one asks whether the thing in the folder is even inside the ranked stack, because a purchase order usually is not.

  3. 3

    Classify, then resolve

    Every difference gets a kind before it gets an answer. Only conflicts reach the precedence clause, and each purported amendment has the carve-out conditions run on it one at a time rather than together.

  4. 4

    Find the holder, then rebuild the form

    For every row that lost, name who is deciding something on the losing words today. What the surviving terms oblige you to do next goes to the obligation register.

Frequently asked questions

Is this free?

The download costs nothing and needs no account. Edit with AI opens a free River account and installs the same pack as a private space, with the agent ready to read your master and the order forms under it. Both buttons point at one pack.

What format are the downloaded files?

Word documents for the six written pieces and CSV for the three sheets. They open directly in Word, Pages, Google Docs, Excel, Numbers and Sheets with no conversion step. The register and the values sheet are the two you will spend time in.

What does Edit with AI actually do?

It reads the precedence clause into a decision rule, diffs every order form against the master, classifies each difference, and runs the carve-out conditions separately on anything that purports to amend. Then it fills the register and counts how many values are in force per term.

We already have an order of precedence clause. What does this add?

A precedence clause is a tie-breaker, and most of the ways a master gets overridden are not ties. Nine of the nineteen differences in the worked stack are supplements the clause never reaches. Reviewing one agreement on its own is the contract review pack.

What happens to an amendment that fails the carve-out?

Less than you would hope. It does not amend anything, but a course of performance is relevant to show a waiver of a term inconsistent with it. So the register asks whether anyone performed as though the failed version were live, and where that evidence would be.

Why is the supplement column the longest one?

Because a master cannot address everything, and every subject it leaves out becomes whatever an order form says about it. Six subjects here, including insurance and audit rights. Those rows have usually been running longest, since nothing ever flagged them as a disagreement.

Does this tell us whether we have a claim?

No. It prices three readings of a cap clause against the invoice history, which is arithmetic on the paper rather than a view on liability or quantum. Serving or answering a contractual notice is the contract dispute and notice pack.

Find out what your stack actually says

Edit with AI