Bob and Stan entered into a written contract for the sale of…
Bob and Stan 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. 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. On several past occasions, Bob had taken a 5% discount from the contract price when paying within 10 days of delivery, and Stan had not objected. On this occasion, when Bob took a 5% discount for paying within 10 days, Stan objected because his profit margin on this particular machine was smaller than on his other machines. If Stan sues Bob for breach of contract, may Bob introduce evidence that the 5% discount was a term of the agreement?