24.04.050 Open Price Term

(a) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if:

(1) Nothing is said as to price; or

(2) The price is left to be agreed by the parties and they fail to agree; or

(3) The price is to be fixed in terms of some agreed market, or other standard as set or recorded by a third person or agency, and it is not so set or recorded.

(b) A price to be fixed by the seller, or by the buyer means a price for him or her to fix in good faith.

(c) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his or her option treat the contract as canceled, or himself fix a reasonable price.

(d) Where, however, the parties intend not to be bound unless the price be fixed or agreed, and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received, or if unable to do so must pay their reasonable value at the time of delivery, and the seller must return any portion of the price paid on account.