On 2 February 2008 Gerald. who owned “Coffee Grand Restaurants” – a concatenation of 5 eating houses that were known for functioning first-class nutrient and all right java — sent an electronic mail to Luis that said: “I offer to buy from you 5000 lbs of your ‘grade ace A+’ Arabica java imported from Antioquia state in Colombia – I will pay you $ 3. 00 per lb. The java should be delivered to my topographic point of concern in Panorama City on or before 12 March 2008. I will pay the full monetary value for the java by 25 March 2008. ”
On 5 February 2008 Luis. who owned Colombia Coffee. Inc. — a concern that imported java from South America to the United States — sent an electronic mail to Gerald that said: “I would wish to accept your offer – I will supply you with the java that you requested. The full monetary value for all of the java must be paid to me at the clip the java is delivered to you. We will besides sell to you 1000 lbs of class B Arabica java beans at a monetary value of $ 2. 00 per lb. This java will be delivered at the same clip as the class A beans. This contract shall besides include our ‘Standard Conditions of Contracts of Sale’ that can be found online at World Wide Web. colombiaccoffeeinc. com Everything on that web page is incorporated by mention into this contract” .
The “Standard Footings and Conditions” posted on the web site included the undermentioned statement: “The buyer of this java must reimburse Colombia Coffee. Inc. for the 2 cents per lb import responsibility that Colombia Coffee has paid to the authorities of the United States in order to import the java into the United States” .
It was customary for buyers of imported java to reimburse the marketer for import responsibilities paid when java was imported into the United States.
On 6 February 2008 Gerald sent an electronic mail to Luis that stated: “I am directing this message to corroborate that because of your electronic mail to me we now have a contract ; I will have bringing of java from you on 12 March 2008. However I must inform you that I can non buy any class B Arabica java from you – the sale of that java can non be portion of our contract” .
Does a valid and adhering contract between Gerald and Luis for the sale of java exist? If so. what are the footings of that contract? Explain.