Harry also is a furniture dealer in town. Harry calls up another merchant and says he will sell 35 dressers for the standard price and the other merchant Sam says you have a deal. The last standard price was $50 each.Harry then sends an email to Sam confirming what he just said, and said the items will be sent in three months.Sam promptly responds and says he needs them in two weeks and must have them then.Harry emails and says we have a deal and if you want them in two weeks, the price will be $55.The other merchant yells and says no way and emails Harry to say "No way" again.Harry ships them in 2 weeks and bills the merchant $55.Can he collect it?Presume a reasonable time for shipment in the industry in 3-4 weeks. Harry reads Section 2-207 of the UCC which says:

(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.

(2) The additional terms are to be construed as proposals for addition to thecontract

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.Between merchants

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such terms become part of the contract unless:

• (a) the offer expressly limits acceptance to the terms of the offer;
• (b) they materially alter it; or
• (c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.

(3) Conduct by both parties which recognizes the existence of acontract

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is sufficient to establish acontract for sale

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although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of this Act.

A.Is there a deal?(Tell me why)

B.When Harry said the units would be shipped in 3 months, what was Harry doing?

C.What is the likely price of the dresser?

D.If Harry ships them in 2 weeks, can he bill them at $55?