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Source Preincorporation Contracts Preincorporation Contracts Matched to this deck.

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A merchant buyer sent a purchase order to a merchant seller for 1,000 steel brackets. The seller sent a signed acknowledgment stating, "We accept your order," and adding an arbitration clause. The acknowledgment did not say acceptance was conditional on the buyer's assent to the arbitration clause.
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No contract formed because an acceptance under Article 2 must mirror the offer exactly. The buyer is bound by the added term only because it remained silent for one hour. A contract formed if the acknowledgment was a definite and seasonable expression of acceptance not expressly conditional on assent to the added term; the added term is handled under UCC 2-207. The seller's acknowledgment was effective only if handwritten.

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