A Seller's Form Clearly States No Warranty Is Included

question 29

Multiple Choice

A seller's form clearly states no warranty is included.The buyer's form states that the seller warrants the goods for one year.In this case

• A)no contract can be created.
• B)the warranty term is a "different term," and the majority of states hold that a contract can be formed but the contradictory terms cancel each other out.
• C)the warranty term is an "additional term" that becomes part of the contract in most states.
• D)the warranty term is a "different term," which in most states becomes part of the contract unless the seller promptly objects.

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Definitions:

Administrative Procedure Act (APA)

A federal U.S. law that governs the way administrative agencies of the federal government may propose and establish regulations, and grants the American public the right to participate in the rulemaking process.

Federal Agency Procedure

The set of rules and processes that federal agencies in the United States must follow in executing their functions, including rulemaking, enforcement, and adjudication.

Agency Action

Any action taken by a governmental agency, ranging from rule-making to enforcement and adjudication.

Unsubstantiated

Lacking adequate support, proof, or confirmation, often used in the context of claims or allegations that have not been verified.