400.2-206. Offer and acceptance in formation of contract.

Offer and acceptance in formation of contract.

400.2-206. (1) Unless otherwise unambiguously indicated bythe language or circumstances

(a) an offer to make a contract shall be construed asinviting acceptance in any manner and by any medium reasonable inthe circumstances;

(b) an order or other offer to buy goods for prompt orcurrent shipment shall be construed as inviting acceptance eitherby a prompt promise to ship or by the prompt or current shipmentof conforming or nonconforming goods, but such a shipment ofnonconforming goods does not constitute an acceptance if theseller seasonably notifies the buyer that the shipment is offeredonly as an accommodation to the buyer.

(2) Where the beginning of a requested performance is areasonable mode of acceptance an offeror who is not notified ofacceptance within a reasonable time may treat the offer as havinglapsed before acceptance.

(L. 1963 p. 503 § 2-206)