A,a New York Firm,sends a Purchase Order to B in Sweden.A

question 50

Multiple Choice

A,a New York firm,sends a purchase order to B in Sweden.A standard clause on the purchase order states that "All disputes are to be heard in the courts of New York." B confirms using its standard form,which states that "all disputes are to be resolved in arbitration before the ICC,Sweden." Under the CISG:

• A) A contract exists on A's terms because B's terms were a material alteration and do not become a part of the contract.
• B) A contract exists on B's terms because the modification is immaterial.
• C) No contract exists because B's terms were a counteroffer that was not accepted by A.
• D) A contract exists because A did not promptly object to the new terms.

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