On January 1, a seller received and order in the m...

On January 1, a seller received and order in the mail from a buyer requesting shipment of its latest computer at the seller’s current catalog price. The order specified that the seller could accept the offer either by shipping the goods or promptly notifying the buyer of acceptance. On January 2, the seller mailed to the buyer a letter accepting the order and assuring the buyer that the computer would be shipped on January 3. On January 3, the seller realized that he was out of that computer model and shipped to the buyer a different computer model and a notice of accommodation. On January 5, the buyer received the seller’s January 2 leer and the different computer model, but not the notice of accommodation. Which of the following best states the parties’ legal rights and duties？

A、(A) The buyer can either accept or reject the different computer model and in either event can recover damages, if any, for breach of contract.

B、(B) The buyer can either accept or reject the different computer model, but if he rejects it, he will thereby waive any remedy for breach of contract.

C、(C) The seller’s prompt shipment of nonconforming goods constituted and acceptance of the buyer’s offer, thereby creating a contract for sale of the replacement computer model.

D、(D) The seller’s notice of accommodation was timely mailed and his shipment of the different computer model constituted a counteroffer.