Tune Products, Inc., offers to sell to Unlimited Sales Company one hundred MP3 players at $50 each, subject to certain specific delivery dates. Unlimited replies with a signed purchase order that reads, "Accept your offer for 100 MP3 players at $50 each. Must be delivered to our warehouse." Tune does not respond or deliver the goods. Unlimited files a suit for breach of contract, to which Tune answers that there is no contract because Unlimited's purchase order contained additional terms and is not signed by Tune. Can Unlimited recover? Explain.

Question

Tune Products, Inc., offers to sell to Unlimited Sales Company one hundred MP3 players at $50 each, subject to certain specific delivery dates. Unlimited replies with a signed purchase order that reads, "Accept your offer for 100 MP3 players at $50 each.  Must be delivered to our warehouse." Tune does not respond or deliver the goods. Unlimited files a suit for breach of contract, to which Tune answers that there is no contract because Unlimited's purchase order contained additional terms and is not signed by Tune. Can Unlimited recover? Explain.

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The Answer of Tune Products, Inc., offers to sell to Unlimited Sales Company one hundred MP3 players at $50 each, subject to certain specific delivery dates. Unlimited replies with a signed purchase order that reads, "Accept your offer for 100 MP3 players at $50 each.  Must be delivered to our warehouse." Tune does not respond or deliver the goods. Unlimited files a suit for breach of contract, to which Tune answers that there is no contract because Unlimited's purchase order contained additional terms and is not signed by Tune. Can Unlimited recover? Explain.