Harry also is a furniture dealer in town. Harry calls up another merchant and says he will sell 40 dressers for the $300 each and the other merchant says you have a deal.Harry then sends an email to the other merchant confirming what they just said, and said he (Harry) must send the items in one week.The other merchant promptly responds and says he does not want them until December 1, two months away and asks Harry to hold them until then and that he (HArry)must now reduce the price to $155 each.Harry says we had a deal, and I am shipping them tomorrow and I expect to be paid or I will sue.A reasonable shipment time is 2 weeks.The $300 price is reasonable, and $155 is not a good price and pretty unreasonable.However,Harry waits until two months, and then ships the dressers, and other merchant accepts them.Harry bills the merchant for $300 each.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(Links to an external site.)

.Between merchants(Links to an external site.)

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(Links to an external site.)

is sufficient to establish acontract for sale(Links to an external site.)

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.

1. Is there a deal here?Why or why not?
2. Does 2-207 apply?If it does, how does it apply?Why or why not?Discuss.