Acme Co.offers to buy 1,000 widgets from Widget World Co.The written offer provides for 1,000 at $10 per widget,to be delivered May 1.The offer has no other provisions.Widget World sends a written acceptance.However,the acceptance also states that if any claim arises under this contract,Widget World must be notified within 10 days.Acme does not object to this provision.Both parties are merchants.Which of the following best describes this situation?
A)No contract exists.The purported acceptance contains additional terms,so it is a counteroffer,which has not been accepted.
B)No contract exists.The terms materially alter the original offer.
C)A contract exists.The additional terms are not material,they are part of the contract.
D)A contract exists,but the additional terms are not part of the contract no matter what.

Question

Quizplus · Accepted Answer

The additional term regarding notification of any claim arising under the contract does not materially alter the original offer and is not objected to by Acme, therefore a contract exists and the additional term is part of the contract. Additionally, both parties are merchants which means that the additional term may be considered a proposal for additional terms under the UCC and may become part of the contract unless objected to.

Acme CoOffers to Buy 1,000 Widgets from Widget World Co