Saved Help Save & Exit Submit 1. Issues with formation of contracts under the Uniform Commercial Code including battle of the forms and writing requirements. Issues with formation of contracts under the Uniform Commercial Code including battle of the forms and writing requirements. Bentley is a manager at a high-end printing company called Graphic Communications Inc. (GCI). GCI designs and produces posters and other materials for advertising purposes for a variety of clients, including a local symphony Orchestra and Main Street University. After GCI received a large order from the university that required a special press, Bentley was assigned to locate a suitable press, negotiate the purchase terms, and arrange for delivery no later than July 1. Bentley negotiated a price with Armstrong Press Manufacturing for the Armstrong model 2000 printing press. The press was sufficiently large as to require that it be delivered in three separate pieces and then assembled on-site. One factor in choosing Armstrong as a vendor was that GCI had used Armstrong before for purchases of smaller presses and had been satisfied with its products and services. In those previous transactions, GCI had used its own standard preprinted purchase order, and no disputes developed. Once the parties agreed on price, Bentley issued a preprinted purchase order. The purchase order was one page long and had very few terms. It contained only the price, description of the press, the date of the purchase order, a provision that agreed that all three pleces of the press would be delivered and operational by July 1, and Bentley's signature. After Armstrong received the purchase order, Armstrong's manager handwrote this phrase in the delivery section of the purchase order: "Acknowledged as a destination contract. To be delivered and assembled in three installments to GCI over the month of May." Armstrong's manager then signed the purchase order, faxed the purchase order back to Bentley, and began to process the order. Armstrong shipped the first part of the press using a common carrier delivery service. Before delivery, the truck was involved in an accident, and the first part of the press was destroyed. 1b. If both CGI and Armstrong are merchants what... 1a. If CGI is not a merchant, what effect... If both CGI and Armstrong are merchants what does the provision in If CGI is not a merchant, what effect does the provision in Armstrong's Armstrong's acknowledgement that "Acknowledged as a destination acknowledgement that "Acknowledged as a destination contract. To contract. To be delivered and assembled in three installments to GCI be delivered and assembled in three installments to GCI over the month of May have on the contract? over the month of May lead to? 1c. How, if at all, does the provision in Armstrong's... 1d. If both CGI and Armstrong are merchants what... How, if at all, does the provision in Armstrong's acknowledgement if both CGI and Armstrong are merchants what would override the that "Acknowledged as a destination contract. To be delivered and provision in Armstrong's acknowledgement that "Acknowledged as a assembled in three installments to GCI over the month of May affec destination contract. To be delivered and assembled in three the contract? installments to GCI over the month of May? Multiple Choice Multiple Choice Multiple Choice Multiple Choice O o No contract is formed neither CGI and Armstrong are merchants the additional terms automatically become part of the contract (subject to conditions) the additional terms are considered to be material. Automatic mediation O The contract is formed automatically adding the additional provisions. Automatic arbitration. CGI and Armstrong are both merchants. the additional terms automatically become part of the contract (subject to conditions) CGI raised an objection to the additional terms within a reasonable time. The contract is formed as originally offered. A void contract. O CGI expressly limited acceptance to the original terms. CGI is a merchant, and Armstrong is not the additional terms automatically become part of the contract (subject to conditions). o The contract is formed, but there must be mediation regarding the additional terms. O A battle of the forms. O All of these answers o O A statute of frauds problem The contract is formed automatically adding the additional provisions, but only if a court determines that they are not unconscionable Armstrong is a merchant and CGI is not the additional terms automatically become part of the contract (subject to conditions) O None of these answers NH