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Merchant Buyer sent a purchase order to Merchant Seller requesting that Seller send a dozen small - gas engines to Buyer for cash on delivery.
Merchant Buyer sent a purchase order to Merchant Seller requesting that Seller send a dozen smallgas engines to Buyer for cash on delivery. Buyer's purchase order says that "all of the normal UCC remedies for breach of warranty will be available" to Buyer and also states that "THIS OFFER IS EXPRESSLY CONDITIONED ON SELLER'S ASSENT TO ALL OF THE TERMS CONTAINED THEREIN. Seller sent back its own acknowledgment form along with the engines. Seller's form disclaims liability for consequential damages and also includes a term that says: THIS ACCEPTANCE IS EXPRESSLY MADE CONDITIONAL ON BUYER'S ASSENT TO ANY ADDITIONAL OR DIFFERENT TERMS CONTAINED IN THIS FORM After Buyer receives Seller's form and the engines it pays for the engines and nothing else is said between the parties. Which of the following statements is true? Buyer and Seller formed a contract based on Seller's terms Buyer and Seller formed a contract based on Buyer's terms. No contract was formed between Buyer and Seller because both parties forms are knocked out" by their inconsistencies with each other Buyer and Seller formed a contract consisting of the terms on which the parties writings agree together with the supplemental provisions of the Uniform Commercial Code.
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