If the order form is "Just like a Purchase Order," as you say, then doesn't it have to be accepted by the dealership to become an enforceable contract? If not, why not?The order form is not a reservation. it says Preview Order and Order Summary at the very top. Just like a Purchase Order, I cannot imagine a jude saying the price on a unigned PO means nothing.
BTW, you will find dozens of legal sites on the web that say the same thing (see below). All seem in line with the offer-acceptance principles set out in UCC § 2-206(1)(b). Are they wrong?
Purchase Orders
A purchase order is an offer to purchase goods. It is created by the prospective buyer and sent to the prospective seller. At the point the PO is sent, it is not a contract. There are two ways that a purchase order becomes a contract:
- One way is if the seller accepts the terms of the purchase order by signing the PO or otherwise expressing acceptance in writing.
- The other way is by the seller's providing the ordered goods.
Purchase Agreements
A purchase agreement is a legal document that is signed by both the buyer and the seller. Once it is signed by both parties, it is a legally binding contract. The seller can only accept the offer by signing the document, not by just providing the goods.
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Purchase Order vs. Purchase Agreement | legalzoom.com
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