2-207 Arbitration clause material alteration?

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Dicta in a Box
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2-207 Arbitration clause material alteration?

Postby Dicta in a Box » Sat Apr 20, 2013 6:23 pm

Suppose B (merchant) sends purchase order to S (merchant). The purchase order contains the price, quantity, and delivery terms. S sends B an acknowledgement form with the same terms, but includes on the reverse side a fine print statement that "all disputes shall be resolved by binding arbitration."

For purposes of UCC 2-207(2)(b), would the arbitration clause become part of the K?

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Jsa725
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Re: 2-207 Arbitration clause material alteration?

Postby Jsa725 » Sat Apr 20, 2013 8:17 pm

.
Last edited by Jsa725 on Fri Oct 24, 2014 10:07 pm, edited 1 time in total.

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Redamon1
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Re: 2-207 Arbitration clause material alteration?

Postby Redamon1 » Mon Apr 22, 2013 1:17 am

Jsa725 wrote:Arbitration clauses & liability clauses = courts generally say these materially alter the K...
Both would be dropped out if the K.


Correct, assuming B didn't then expressly accept those additional terms.




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