Question
Staples Stationery Store ordered 500 Marker Pens from Ball Point Manufacturing via fax with assorted colors (gold tops with 100 green, 100 blue, 100 red,
Staples Stationery Store ordered 500 Marker Pens from Ball Point Manufacturing via fax with assorted colors (gold tops with 100 green, 100 blue, 100 red, 100 black and 100 white bottoms ) at a cost of $3.50 each and delivery to Staples within 30 days. 3 days later, Ball Point acknowledged receipt of the order and the acknowledgment said at the bottom: "See Terms on Reverse Side." On the reverse side it stated: "In the event of any dispute, customer agrees to arbitrate in Chicago, Illinois". It also stated " Customer may exchange items if not fully satisfied within 30 days of delivery." On the 29th day, Ball Point delivered a shipment of pens that included gold tops with 500 white bottoms. Staples noticed that 50% of the pens had scratches on the silver tops but she told the truck Driver from A B C Delivery Company, "If I didn't need these pens so bad for my customers, I'd reject the entire shipment since they are not what I wanted and suffer from scratches..." Later, Staples sold all 500 pens to customers Three months later, customers complained that the pens were not wilting properly_ Staples had numerous ink cartridges tested and she was advised that the cartridges were "defective". She contacted Ball Point and demanded a "new shipment of pens in accordance with original order" . Ball Point refused but offered to ship "new cartridges". It also requested payment of the original order. Staples refused the offer , insisting that Ball Point was in breach and that she would not pay. Ball Point demanded arbitration. Staples consults you about their rights under the U C C . They wish to know whether they are required to arbitrate. What are their options , if any, under the U C C ?
I have attached a sample case brief to show how the professor wants the above case to be briefed. your help is greatly appreciated. thank you.
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