The ABC Company placed an order with the Ohio Steel Company by sending its purchase order form. The purchase order specified the type of steel, the quantity, and the price. The purchase order stated in the boilerplate that the buyer reserved all express and implied warranties, and that the purchase order could not be varied by the terms of the Seller’s acknowledgement form. Ohio Steel responded by sending its acknowledgement form which mirrored the purchase order on quantity, price, and type of steel, but disclaimed any and all warranties. The acknowledgement form stated that it could not be varied by the terms of the Buyer’s purchase order. Ohio Steel then shipped the steel to ABC. Subsequently, there was a dispute on whether the steel had defective workmanship. Under UCC ?2-207 et seq.
A. If the steel is defective, ABC has a claim against Ohio for breach of an implied warranty under UCC ?2-314 and UCC ?2-315.
B. Ohio’s counter-offer of no warranty was accepted by ABC, and therefore ABC has no suit for breach of an implied warranty, which was disclaimed..
C. Ohio’s term of no warranty was a proposal for an addition to the contract, which would be part of the contract unless it materially altered the terms.Order Now