Author Question: Oxtren, Inc is a tools wholesaler. Oxtren sent M&E Tools a purchase order offering to buy 200 ... (Read 114 times)

plus1 · **on:** Jun 24, 2018

Oxtren, Inc is a tools wholesaler. Oxtren sent M&E Tools a purchase order offering to buy 200 Model 308 milling & drilling machines with R-8 spindles. The purchase order stated the credit term to be 2 discount if payment was made in 10 days, with the full amount due in 30 days. M&E responded with an acceptance form accepting the offer. The acceptance form, however, stated that full payment was due on delivery and that disputes under the contract would be settled by arbitration. (
A) Do the parties have an agreement?(B) What is the payment term?(C) Is the arbitration clause part of the agreement?

Question 2

Jasmine agrees to purchase 1500 tons of recycled glass from Louie, the price to be determined at the time of delivery. Is such an agreement enforceable? Compare the common law with Article 2 of the UCC.

adammoses97 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

(A) Under the UCC, the parties will have an agreement since they intended to create a contract. (B) The payment term in the acceptance is a different term. Different terms cancel each other out. The Code then supplies its own terms called gap-fillers. (C) The arbitration clause is an additional term. Under the UCC, since the parties are merchants, the arbitration clause will be part of the contract unless: (1 ) the offer insisted on its own terms; (2 ) the additional terms materially alter the terms of the offer; or (3 ) the offeror promptly rejects the additional terms.

Answer to Question 2

Yes, the agreement is enforceable under Article 2. Recycled glass is a good; therefore, Article 2 governs the agreement. Article 2, Section 2-301, requires a writing for any sale of goods priced 500 or more. However, under the UCC, the writing need not completely summarize the agreement. The Code only requires a writing sufficient to indicate that the parties made a contract, it need not state every term of the deal. But one term is essential -- the quantity. This is a major change from common law which requires all important terms to be definite and certain.