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Sandy, a consumer, sent a purchase order for a special blender to Whirpool Inc. The order was silent regarding how many extraordinary features the blender was capable of performing. Whirlpool Inc. sent back a definite, unconditional acceptance that contained an additional term which stated that the blender will only guarantee three extraordinary features. Sandy received the acceptance, but she never agreed or objected to the additional term.
Did Whirlpool’s acceptance form a contract between Sandy and Whirlpool?
a. No, because there was no mutual assent regarding the exact terms of the offer.
b. No, because the terms of the contract were not identified at the time of contracting.
c. Yes, under Article II of the UCC, good faith standards require that indedinite terms become part of an acceptance as long as observed stadards of custom and usage are honored.
d. Yes, under Article II of the UCC, a definite unconditional acceptance may form a contract even if it proposes an additional term.
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