The ABC Company placed an order with the Ohio Steel Company by sending its purchase order form. The purchase order specified the type of steel, the quantity, and the price. The purchase order stated in the boilerplate that the buyer reserved all express and implied warranties, and that the purchase order could not be varied by the terms of the Seller's acknowledgement form. Ohio Steel responded by sending its acknowledgement form which mirrored the purchase order on quantity, price, and type of steel, but disclaimed any and all warranties. The acknowledgement form stated that it could not be varied by the terms of the Buyer's purchase order. Ohio Steel then shipped the steel to ABC. Subsequently, there was a dispute on whether the steel had defective workmanship. Under UCC ?2-207 et seq.
B. Ohio's counter-offer of no warranty was accepted by ABC, and therefore ABC has no suit for breach of an implied warranty, which was disclaimed..
C. Ohio's term of no warranty was a proposal for an addition to the contract, which would be part of the contract unless it materially altered the terms.
D. None of the above.
Contracts Multiple Choice Question for paralegal program
A. If the steel is defective, ABC has a claim against Ohio for breach of an implied warranty under UCC ?2-314 and UCC ?2-315.
This material has been taken from the website: http://www.law.cornell.edu??2-207. Additional Terms in Acceptance or Confirmation.
(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
(2) The ...
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