• Merchant Buyer sent a purchase order (Buyer's Form) to Merchant Seller, requesting Seller to send 10 engines to Buyer for cash upon delivery.
• Buyer's Form said: "All of the normal UCC warranties apply" regarding the engines.
• Buyer's Form also had the following term:  "THIS OFFER IS EXPRESSLY CONDITIONED ON SELLER'S ASSENT TO ALL OF THE TERMS CONTAINED HEREIN."
• Seller then sent its own form (Seller's Form) back to Buyer.
• Seller's Form said Seller gave "No Warranties" regarding the engines.
• Seller's Form also had the following term: "THIS OFFER IS EXPRESSLY CONDITIONED ON BUYER'S ASSENT TO ALL OF THE TERMS CONTAINED HEREIN."
• Seller then shipped the 10 engines to Buyer.
• Buyer then paid Seller for all 10 engines.
• Nothing else was communicated between the parties.

Which of the following statements is TRUE?

There is no contract because the engines, when installed, made a whirr-bang-wheng-whirr-bok-bok-bok sound.

No contract was formed between Buyer and Seller because both parties' forms are "knocked out" by their inconsistencies with each other.

Buyer and Seller formed a contract based only on Seller's terms. 

Buyer and Seller formed a contract consisting of the terms on which the parties' writings agreed, together with "gap-filler" provisions of the Uniform Commercial Code.

Answer rating: 100% (QA)

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