Based on the Order and Confirmation above, is there a contract? State the details in the case and address the facts based on law.

Taylor’s & Fast Fasteners

Lou handles purchasing for Taylor’s, Inc., a small manufacturing business. An order had been placed for Taylor’s to produce 1,000 frames for delivery on Friday. On Monday morning, Lou, the purchasing agent for Taylor’s, learns that a component needed to fulfill the frame order has been damaged.

The fasteners to be used to connect the wood frames have rusted and are unusable. Worried that Taylor will lose its largest customer, Lou’s boss directs Lou to obtain alternative fasteners as soon as possible. Lou faxes an order to his best supplier, Fasteners Fast, Inc., requesting that replacement fasteners be delivered by Wednesday.

Pat, the order receiving agent at Fasteners Fast, receives the fax, confirms the availability of the necessary fasteners in inventory, and sends a Confirmation Notice by fax the same day to Lou. The Order and Confirmation Notices are reprinted below.

Purchase Order / Taylor’s Inc. Order Number 201507009

To: Fasteners Fast, Inc. Date: Monday Delivery By Wednesday close of business

10,000 #2 fasteners, zinc finish, corners

Supplier shall retain the risk of loss with respect to the product until the product has been received within the purchaser’s building.

Confirmation Notice / Fasteners Fast, Inc. – we deliver fasteners, FAST!

To: Taylor’s Inc. Date: Monday Confirmation of Order 201507009

Part No. 66881P: 10,000 #2 fasteners, zinc finish, corners / Wednesday shipping

Price: $4,600 + freight

All Items shipped FOB Seller.

Based on the Order and Confirmation above, is there a contract? State the details in the case and address the facts based on law.

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