Mace Industries, Inc., sent a quotation to Paddock Pools for

Mace Industries, Inc., sent a quotation to Paddock Pools for water treatment equipment. Paddock responded with a purchase order that had the following written on its reverse side:

“THE SELLER AGREES TO ALL OF THE FOLLOWING TERMS AND CONDITIONS.”

The clause was then followed by language stating that acceptance was expressly conditional upon Mace’s acceptance of the terms.

Problems between the parties developed. Paddock says there is no contract because of its conditional acceptance. Mace maintains that § 2207 applies and that there was a contract, with the only issues being the additional terms Paddock wrote on its purchase order and whether they are part of the contract. Who is correct? [Mace Industries, Inc. v Paddock Pool Equipment Co., Inc., 339 S.E.2d 527 (S.C. 1986)]

 

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