Question
Assume a battle of the forms buyer and seller business relationship, in which Adam is a wine wholesaler and is regularly selling fine wines to
Assume a "battle of the forms" buyer and seller business relationship, in which Adam is a wine wholesaler and is regularly selling fine wines to Beatrice who is a wine retailer. Adam uses a form sales agreement to sell wine that Adam's attorneys drafted. Beatrice uses a form purchase order agreement to purchase wine that Beatrice's attorneys drafted. Adam's form sales agreement includes a provision that states that payment must be received from wine buyers like Beatrice not more than 30 days after the wine buyer receives the wine. Beatrice's form purchase order agreement is silent on when payment must be received by seller. The Uniform Commercial Code (the "UCC") includes a "gap-filler" provision that requires that payment must be received from a buyer of goods not more than 60 days after the buyer receives the goods. In a contract dispute between Adam and Beatrice over payment terms, when must Beatrice's payment for wine purchased from Adam be received by Adam?
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