A seller's form clearly states no warranty is included.The buyer's form states that the seller warrants the goods for one year.In this case
A)no contract can be created.
B)the warranty term is a "different term," and the majority of states hold that a contract can be formed but the contradictory terms cancel each other out.
C)the warranty term is an "additional term" that becomes part of the contract in most states.
D)the warranty term is a "different term," which in most states becomes part of the contract unless the seller promptly objects.

Question

Quizplus · Accepted Answer

The warranty term is considered a "different term" because it directly contradicts the seller's terms. In the majority of states, when there are contradictory terms like this, a contract can still be formed, but the contradictory terms cancel each other out, leading to a default position that typically excludes the warranty.

A Seller's Form Clearly States No Warranty Is Included