Barnes & Noble faxes to Woodchip Publishing Company on May 1, 2002 the following: ? Please ship immediately six copies of NOBODY FIXES REAL CARROT STICKS ANYMORE. ? Price: $6.00 Shipping: $2/book ? Woodchip ships six books with an invoice as
follows: ? Six NOBODY FIXES REAL CARROT STICKS ANYMORE @ $6.00 = $36.00 ? Shipping and Handling = $6.00 ? Suppose that the fax from Barnes & Noble read: ? Please ship immediately via priority mail - 10 Copies of NOBODY FIXES REAL CARROT STICKS ANYMORE. ? Price: $6.00 per book Shipping: $3.95 total ? Woodchip ships the books at the $6 price but ships them via two-day UPS at a price of $5.95. Is there a contract?
You have two merchants and Woodchip accepted by shipping, but used a different carrier that made a difference in price. It was an acceptance and breach at the same time because Barnes & Noble specified shipping and Woodchip used a different means for shipment. At a minimum, Barnes & Noble is permitted to not pay the extra shipping even if it chooses to accept the books. The acceptance on the different shipping terms is really not an acceptance, but a counteroffer that Barnes & Noble is free to accept or reject.
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