Tabberone is pronounced tab ber won |
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This information is taken directly from the court opinion. It is not taken out of context nor is it altered. |
From Step-Saver Data Sys., Inc. v. Wyse Tech, 939 F.2d 91 (3d Cir. 1991)
As a basic principle, we agree with Step-Saver that UCC § 2-207 governs our analysis. We see no need to parse the parties's various actions to decide exactly when the parties formed a contract. TSL has shipped the product, and Step-Saver has accepted and paid for each copy of the program. The parties' performance demonstrates the existence of a contract. The dispute is, therefore, not over the existence of a contract, but the nature of its terms. When the parties's conduct establishes a contract, but the parties have failed to adopt expressly a particular writing as the terms of their agreement, and the writings exchanged by the parties do not agree, UCC § 2-207 determines the terms of the contract. |