Two merchants exchange forms: the buyer's purchase order is silent on arbitration, and the seller's acknowledgment adds an arbitration clause that materially alters the deal. Both perform. Is arbitration part of the contract?
-
A
Yes, because the last form sent controls under the mirror image rule
-
B
No, because between merchants a material alteration does not become part of the contract
-
C
Yes, because performance always accepts all added terms
-
D
No, because contracts between merchants must be identical or void