In Orkal Industries v. Array Connector, where Orkal bought parts from Array by sending an order form, but Array confirmed with its own form that contained different terms. Orkal did not object to the different terms until litigation arose later at which point the added terms mattered. The courts held that under the UCC:
a. the buyer, Orkal, controlled the terms, sos the original order form controls
b. the buyer, Orkal, controlled the terms, so the original order form controls; Array could have forced a change by requiring Orkal to recognize its different terms, but it failed to do so
c. the seller, Array, controlled because Orka di not object to the change in terms when the contract was formed
d. the seller, Array, controlled because under UCC 2-207, a sellers terms always control e. none of the other choices are correct
b
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Indicate whether the statement is true or false
A person who authorizes an agent to sign a negotiable instrument on his or her behalf is known as a(n) ________
A) agent B) accommodation party C) principal D) assignor
A big advantage of related diversification is that it
A. offers ways for a firm to realize 1 + 1 = 3 benefits because the value chains of the different businesses present competitively valuable cross-business relationships. B. is less risky than either vertical integration or unrelated diversification due to lower capital requirements. C. is less capital intensive and usually more profitable than unrelated diversification. D. passes the industry attractiveness test and thus offers the best route to 2 + 2 = 4 benefits. E. involves diversifying into industries having the same kinds of key success factors.
When Selena purchased a new refrigerator from Sears, she was told by the salesperson that the refrigerator would be delivered to her apartment on Thursday between the hours of 1:00 p.m. and 3:00 p.m. However, the refrigerator was not delivered until 4:00 p.m. on Friday. The late delivery caused Selena to be dissatisfied with Sears's delivery service. Selena's dissatisfaction with Sears' delivery service resulted from:
A. Differences in policies and procedures across distribution units B. Inadequate customer education C. Inadequate management of service promises D. Excessive horizontal communication E. Over-promising and over-delivering