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A merchant buyer sent a purchase order to a merchant seller for 1,000 steel brackets. The seller sent a signed acknowledgment stating, "We accept your order," and adding an arbitration clause. The acknowledgment did not say acceptance was conditional on the buyer's assent to the arbitration clause.
Which statement is most accurate?

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The buyer is bound by the added term only because it remained silent for one hour. The added arbitration term automatically became part of the contract because both parties are merchants. UCC 2-207 applies only to real-estate contracts. A contract formed if the acknowledgment was a definite and seasonable expression of acceptance not expressly conditional on assent to the added term; the added term is handled under UCC 2-207.

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