Question
Darling Heating and Cooling offers to supply and install a new heating and cooling system at the Templeton house in Kirksville for $12,000. The breakdown
Darling Heating and Cooling offers to supply and install a new heating and cooling system at the Templeton house in Kirksville for $12,000. The breakdown of the offer is that $10,000 is attributable to the equipment and $2,000 is attributable to the labor for the installation. Templeton responds "we accept your offer but expect you to provide free filter changes for 5 years". What is the effect of Templeton's response?
A. | The common law of contracts would likely apply and there is no contract because the "acceptance" was not the mirror image of the offer. | |
B. | Article 2 of the UCC would apply, there would be an enforceable contract and the additional terms related to filter changes would likely NOT become a part of the contract because the sales contract is NOT between merchants. | |
C. | Article 2 of the UCC would apply, there would be an enforceable contract and the additional term related to filter changes would likely be made a part of the contract because the contract is NOT between merchants. | |
D. | Article 2 of the UCC would apply and there is no contract because the "acceptance" was not the mirror image of the offer. |
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