Buyer sends a purchase order to Seller, ordering 3,000 cubic yards of sand for $25 per cubic yard. Seller responds with a sales confirmation invoice that is identical to the purchase order on all terms (including price, delivery date, etc.), but it includes a clause in pre-printed language on the invoice that says any disputes must be settled by arbitration. Buyer receives the sales confirmation invoice and does nothing. If neither party has performed yet:

A. There is no contract because of the mirror image rule B. There is no contract because of the gap-filling rule C. There would be no contract under the common law, but there is a contract under the UCC D. There is a contract only if both parties are merchants