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Seller sends an offer to Buyer for 2,000 tons of steel rails at $54 per ton. The offer makes no reference to dispute settlement. Buyer

Seller sends an offer to Buyer for 2,000 tons of steel rails at $54 per ton. The offer makes no reference to dispute settlement. Buyer sends back a document stating that 2,000 tons of rails at $54 dollars a ton is acceptable. On the back of the form are preprinted terms, including one stating that any dispute arising out of the transaction must be resolved through arbitration. Neither party has performed. Is there a contract at this point?

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