Inc. v. NNR Global Logistics USA, Inc., No. 09-2202 (JRT/JJK), 2009 WL 4730330, at *4-5 (D.Minn. Dec. 4, 2009); Highland Supply Corp. v. Kurt Weiss Greenhouses, Inc., No. 08-859-GPM, 2009 WL 2365244, at *2 (S.D.Ill. April 28, 2009); TSR Silicon Res., Inc. v. Broadway Com Corp., No. 06 Civ. 9419(NRB), 2007 WL 4457770, at *4 (S.D.N.Y. Dec. 14, 2007). As a result, the comments and cases suggest that the answer to the question whether a forum-selection provision materially alters a contract under UCC section 2-207 is that it depends. In some instances, courts have considered the question of material alteration to be one for the jury, including the most recent case involving UCC section 2-207 from the Eighth Circuit. See BVS, Inc. v. CDW Direct, LLC, 759 F.3d 869, 872-73 (8th Cir.2014) (<HOLDING>). A court, however, cannot submit to the jury 
 Holding statements: (A) holding that question of fact for the jury exists on whether warranty disclaimers materially altered the agreement and whether the course of dealing supplemented the agreement (B) recognizing that whether a duty exists is a question of law for the courts (C) recognizing that the critical question is whether any present violation exists (D) holding that it was error for the court to enter a modified agreement which materially altered the agreement reached by the parties (E) holding that whether a contract has been modified by subsequent oral agreement or course of dealing is a question of fact for the jury
(A)