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Question 7 In 2004, Buyer purchased a Vector System car wash from Seller for resale to Buyer's customer. The terms of the sale were negotiated
Question 7 In 2004, Buyer purchased a "Vector System" car wash from Seller for resale to Buyer's customer. The terms of the sale were negotiated via telephone, email, and regular mail. As a result of the negotiations, Seller and Buyer agreed that Buyer would purchase the Vector System from Seller and install it at the customer's location. After Buyer received the equipment, Seller sent a written invoice for the completed sale. The front of the invoice contained the "commercial terms" of the sale, along with various \"boilerplate\" legal terms on the back, including the following clause: \"14. LAW: The validity, performance and construction of these terms and conditions on any sale made hereunder shall be governed by the law of the State of Michigan, and the parties shall submit to the jurisdiction of the courts located in the State of Michigan." In litigation between Seller and Buyer, clause 14 (choose one) will be enforced because contracts routinely include forum selection clauses, and therefore result in neither surprise nor hardship. will not be enforced if it materially altered the parties' agreement. will not be enforced because the parties' writings do not establish a contract and forum selection is not a supplementary term incorporated under any other provision of Article 2. will be enforced because the invoice is a conrmation of the parties' agreement reached via telephone. email, and regular mail
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