A buyer and a seller entered into a written contract for the…
A buyer and a seller entered into a written contract for the sale of a copy machine, using the same form contract that they had used a number of times in the past when contracting with each other. The contract stated that payment was due 30 days after delivery and provided that the writing contained the complete and exclusive statement of the parties’ agreement. In the past, the buyer had taken a 5% discount from the contract price when paying within ten days of delivery, and the seller had not objected. On this occasion, when the buyer took a 5% discount for paying within ten days, the seller objected because his profit margin on this particular machine was smaller than on his other machines. If the seller sues the buyer for breach of contract, may the buyer introduce evidence that the 5% discount was a term of the agreement?