UCC ARTICLE 2 ESSAY QUESTION

Sullivan Inc.isa retailerof garden ponds.KitsInc.manufacturers theseitems.On June I, 2001, Sullivanplacedatelephoneorderfor15pondsat$200.00each,tobedeliveredC.O.D.byJune14, 2001.Kit'stelephoneoperatoracceptedtheorder.Immediatelythereafter,eachcompanyfollowingitsroutine procedure mailed itsstandard confirmation.Both forrI\S had blanks inwhich thedetailsof thetransactionwerefilledout.Bothalsocontainedprinted termsdrafted bythecompany'sattorney.Theconfirmations werein accord on thetransaction -specificterms written in theblanks (that isquantity,description, price, payment and delivery terms) and they were not significantly differenton most of thestandard terms.However, they conflictedin one respect:

Sullivan'sfonnstated:

"Your acceptance ofthisorder islimited tothetermssetoutherein. may be returned for a full refund within 30 daysof purchase."

Kit'sformstated:

Goods purchased

'

"All salesare final.You arefully responsible forvevifying the goods on delivery and you may notreturn goodsthereafter, even ifdefective.Ouracceptance ofyourorder is conditional on.your assent to all terms stated herein."

When theconfirmation arrived attherespective companies aclerkateach company, again following routine procedure, checked onlythetransaction - specificterms.Itwasunheard of towaste time reading boilerplate and then filed away the confirmation.

A. What result ifthe parties perform and then have a disputeaboutSullivan's right to return goods 15 days later?Fully explain.