About supplying built-in dishwashers and ranges for project

Reference no: EM133683947

Question

Builder contacted Seller, an appliance manufacturer, about supplying built-in dishwashers and ranges for a project. After preliminary negotiations, Builder sent Seller a Purchase Order for the necessary numbers and types of appliances at a total price of $300,000. The Purchase Order also provided that: "Goods are sold to Builder on 120-day credit without interest." Builder signed the Purchase Order. Seller responded to the Purchase Order by sending Builder an "Order Acknowledgment." The Order Acknowledgment recited the quantity and price information that appeared on the Purchase Order and indicated that payment should be made "on credit, per Builder's Purchase Order, subject to the terms and conditions on the reverse of this Acknowledgment." The back of the Order Acknowledgment contained several preprinted terms, including one term which read as follows: "In addition to the purchase price, the buyer shall pay the seller the amount of all shipping and handling charges." Builder's Purchase Order did not mention shipping and handling. Is Builder liable to Seller for the shipping and handling charges?

Reference no: EM133683947

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