InOrkal Industries V

InOrkal Industries v. Array Connector, where Orkal bought parts from Array by sending an order form, but Array confirmed with its own form that contained different terms. Orkal did not object to the different terms until litigation arose later at which point the added terms mattered. The courts held that under the UCC:

A) the buyer, Orkal, controlled the terms, so the original order form controls
B) the buyer, Orkal, controlled the terms, so the original order form controls;Array could have forced a change by requiring Orkal to recognize its different terms, but it failed to do so
C) the seller, Array, controlled because Orkal did not object to the change in terms when the contract was formed
D) the seller, Array, controlled because under UCC 2-207, a sellers terms always control
E) none of the other choices are correct

Correct Answer:

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