Acme CoOffers to Buy 1000 Widgets from Widget World Co

question 43

Multiple Choice

Acme Co.offers to buy 1000 widgets from Widget World Co.The written offer provides for 1000 at $10 per widget,to be delivered May 1.The offer has no other provisions.Widget World sends a written acceptance.However,the acceptance also states that if any claim arises under this contract,Widget World must be notified within 10 days.Acme does not object to this provision.Both parties are merchants.Which of the following best describes this situation?

• A) No contract exists. The purported acceptance contains additional terms, so it is a counteroffer, which has not been accepted.
• B) No contract exists if the additional terms are construed to be material terms.
• C) A contract exists. If the additional terms are construed to be material, they are not part of the contract. If the additional terms are not material, they are part of the contract.
• D) A contract exists, but the additional terms are not part of the contract no matter what.

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