Tak and Co Inc v AEL Corp Ltd (1995) 5 NZBLC 103,887 is an often cited in NZ case law regarding the parol evidence rule,[1] which effectively reinforces English case of Henderson v Arthur [1907] 1 KB 10.

At the start, both parties signed a pro forma invoice with terms and conditions.

A pro forma invoice is a document that states a commitment from the seller to sell goods to the buyer at specified prices and terms.

The court ruled the terms and conditions in the pro forma invoice were part of the contract.

Hammond J went on to state: It is hard to think of a clearer illustration of the appropriateness of the parol evidence ruleFurthermore, besides awarding general damages, the court also awarded the modest amount of $25,000 in exemplary damages for "knowingly deceitful conduct".