Question: On May 2, Handy Hardware sent Ram Industries a signed purchase order that stated, in part, as follows: Ship for May 8 delivery 300 Model
On May 2, Handy Hardware sent Ram Industries a signed
purchase order that stated, in part, as follows:
Ship for May 8 delivery 300 Model A-X socket sets at current
dealer price. Terms 2/10/net 30.
Ram received Handy’s purchase order on May 4. On May 5,
Ram discovered that it had only 200 Model A-X socket sets and
100 Model W-Z socket sets in stock. Ram shipped the Model AX
and Model W-Z sets to Handy without any explanation concerning
the shipment. The socket sets were received by Handy
on May 8.
Which of the following statements concerning the shipment
is correct?
Ram’s shipment is an acceptance of Handy’s offer.
Ram’s shipment is a counteroffer.
Handy’s order must be accepted by Ram in writing before
Ram ships the socket sets.Handy’s order can only be accepted by Ram shipping
conforming goods.
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