Question

Andrew is a manufacturer of hardwood flooring. Heather is a distributor of hardwood flooring. Heather emailed Andrew a purchase order for hardwood flooring detailing price, quantity, and specifications for the flooring and requesting that the flooring be delivered on December 1. Andrew responded by sending Heather a confirmation with the details she sent him and indicating that delivery will take place on December 2. What is the result?

1. Andrew has rejected Heather’s offer.

2. Andrew and Heather have a contract for delivery on December 1.

3. Andrew and Heather have a contract for delivery on December 2.

4. Andrew has rejected Heather’s offer and made a counteroffer.

Answer 1

The heather mentioned purchase order asked Andrew to deliver by 1 December. But Andrew replied that he will deliver by 2 December. To deliver on 1 December and on 2 December is not a contract because both the parties are not agreeing and also no contract is signed by both parties.

Andrew accepted purchase order specification but refused to deliver by 1 December instead responded that he will deliver it by 2 December, that is,  Andrew mailed a counter offer that he will deliver on 2 December.

Therefore, Option (d) is correct and the rest all are incorrect.