Question: Cookie Co. offered to sell Distrib Markets 20,000 pounds of cookies at $1.00 per pound,...

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Question: Cookie Co. offered to sell Distrib Markets 20,000 pounds of cookies at $1.00 per pound, subject to certain specified terms for delivery. Distrib replied in writing as follows: "We accept your offer for 20,000 pounds of cookies at $1.00 per pound, weighing scale to have valid city certificate." Under the UCC: a. A contract was formed between the parties. b. A contract will be formed only if Cookie agrees to the weighing scale requirement. c. No contract was formed because Distrib included the weighing scale requirement in its reply. d. No contract was formed because Distrib's reply was a counteroffer. Strategy: Distrib's reply included a new term. That means it is govemed by UCC 2-207. Is the new term an additional term or a different term? An additional term goes beyond what the offeror stated. Additional terms become a part of the contract except in three specified instances. A different term contradicts one made by the offeror. Different terms generally cancel each other out. (See the "Result" at the end of this section.)