Question
A, a manufacturer, offers to buy a quantity of screws from B, a supplier of building materials. A's standard-form offer says nothing about the consequences
A, a manufacturer, offers to buy a quantity of screws from B, a supplier of building
materials. A's standard-form offer says nothing about the consequences of the screws'
being defective. B's standard-form acceptance, however, disclaims liability for all
defects in the screws under any theory of recovery, and excludes liability for
consequential damages as well. These are important matters in any agreement. B's
acceptance also says that it will be effective only upon A's agreement to the disclaimer
and remedy limitation. A, however, vociferously objects to them. Is there a contract
here? If so, is the disclaimer and remedy limitation part of it? Assume that B's
acceptance was a definite and timely expression of acceptance.
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