1. Was the forum selection clause an additional term, a different term, a confirmatory writing, or a term incorporated into the document? Explain.

2. Does the fact that Mozaffarian et al. never requested to see the extrinsic document have any bearing on the case? Why or why not?

Mozaffarian and his wife, each suing individually and as d/b/a (doing business as) three companies they owned, signed a credit agreement in which they expressly acknowledged receipt of, and agreed to be bound by, terms and conditions contained in an extrinsic (external) document, which they neither read nor requested a copy of to read. The credit agreement identified the terms and conditions as those contained on each invoice. After the credit application was approved, they then saw, for the first time, the terms and conditions, which contained a New York forum selection clause. Movado proved by a preponderance of the evidence that the terms and conditions of the extrinsic document were incorporated into the credit agreement and that the defendants acknowledged receipt and agreed to be bound by the same. The credit agreement, which identified the terms and conditions as those contained on each invoice, was sufficient to put the defendants on notice that there was an additional document of legal import to the contract they were executing.