In 2006 the pursuers, who design and manufacture signs in Scotland, purchased from the defenders a printing machine. Since then the pursuers have not been happy with the printing machine's performance and have sought to reject the machine on the ground that it was not of satisfactory quality or fit for purpose under section 14 of the Sale of Goods Act 1979. Here the pursuers sought inter alia declarator that they were entitled to reject the printing machine. The defenders lodged defences in which they averred that they were not subject to the jurisdiction of the court on the basis of Clause 28 of the standard terms of sale which state:- "These conditions shall be subject to and shall be construed in accordance with the Laws of England. The Courts of England shall have exclusive jurisdiction over any dispute which may arise hereunder, unless the parties agree otherwise in writing." Here at a preliminary proof the court considered the circumstances in which the parties entered into the contract of sale to ascertain whether the defender's standard terms had been incorporated into the contract and thus whether the court had jurisdiction to hear the case. Here the court considered, in particular, whether the parties had entered into a binding contract for the supply of the printing machine by 19 November 2006, before Du Pont intimated their standard terms and conditions. If that was indeed the case, then those standard terms would not be incorporated into the contract of sale.