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When a battle of the forms ensues between merchants, for instance, the conflicting terms are not fatal to the contract. This is a serious departure from the mirror image rule required by common-law contracts. For the UCC, the primary issue is whether or not the parties intended to enter right into a binding settlement. New or further terms included in a suggestion will turn out to be a part of the contract on acceptance. Terms that conflict with each other will “fall out” of the contract and be replaced by UCC gap fillers, which might create the phrases of the contract. Gap fillers are terms supplied by the UCC, and they can be inserted into a contract when those phrases usually are not particular. While costs, supply dates, warranties, and different phrases can be “crammed in” by the UCC gap fillers, amount cannot.
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