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On September 1, Market Store ("MKT") sends its own "Purchase Order" form to a dog food company ("Co.").
The purchase order has blanks for type of food, quantity, price and delivery date, all of which MKT fills in. Pre-printed clause eight in the purchase order requires Co. to use the United States Postal Service for delivery. Co. receives the Purchase Order, and fills in its own "Acceptance of Purchase Order" form. Co. fills in the same information regarding type of food, quantity, price and delivery date as were in the purchase order and sends the acceptance form back to MKT.
However, pre-printed clause 10 in the acceptance form states that delivery will be done by U.P.S. MKT received the acceptance form and verified the food, quantity, price and delivery dates were correct. The stated delivery date comes and goes, however Co. never delivers the dog food. Is Co. liable to MKT for breach of contract?
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