DC Bar Practice Questions - District Of Columbia Bar Examination Exam

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A merchant buyer and a merchant seller exchange forms. The buyer's purchase order is silent on arbitration; the seller's acknowledgment adds a clause requiring arbitration of all disputes. Under UCC § 2-207, between merchants, the additional arbitration term:

Automatically becomes part of the contract regardless of its content Is always treated as a counteroffer that the buyer must accept Becomes part of the contract unless it materially alters it, the offer limits acceptance to its terms, or the offeror objects Is void because the UCC prohibits arbitration clauses in sales contracts

Correct Answer:

Becomes part of the contract unless it materially alters it, the offer limits acceptance to its terms, or the offeror objects

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