Textile Unlimited, Inc. v. A.BMH and Company, Inc.
United States Court of Appeals, Ninth Circuit
240 F.3d 781 (2001)
Over ten months and 38 separate transactions, Textile (plaintiff) sent purchase orders to BMH (defendant), which always responded with order acknowledgements containing new arbitration terms (Georgia arbitration and forum) not in Textile's original orders, purporting that Textile's failure to respond within 24 hours meant full acceptance; Textile never responded within that window, and when Textile refused to pay for a defective yarn shipment, BMH sought to compel arbitration, prompting Textile to seek an injunction in federal district court, which it obtained.
Whether, in a contract implied by conduct under UCC Section 2-207(3), additional terms the parties did not agree upon drop out of the contract, with missing terms supplied by the UCC.