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https://rosedejong.com/case-studies/battle-of-the-forms/ Buyer sends Seller a purchase order. Seller replies by sending an acknowledgment form. The acknowledgment form contains a provision never previously appearing which disclaims

https://rosedejong.com/case-studies/battle-of-the-forms/

Buyer sends Seller a purchase order. Seller replies by sending an acknowledgment form. The acknowledgment form contains a provision never previously appearing which disclaims (denies) any warranty on the product. Soon, Seller sends goods to Buyer and Buyer forwards payment. Buyer then finds the goods to be defective and claims that there is a breach of warranty by Seller.

Questions:

1. Is there a contract between the parties? Explain why or why not.

2. If there is a contract, is the Seller's warranty disclaimer a part of the contract. Explain why or why not.

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