§ 6A-2-207 - Additional terms in acceptance or confirmation.

SECTION 6A-2-207

   § 6A-2-207  Additional terms in acceptanceor confirmation. – (1) A definite and seasonable expression of acceptance or a writtenconfirmation which is sent within a reasonable time operates as an acceptanceeven though it states terms additional to or different from those offered oragreed upon, unless acceptance is expressly made conditional on assent to theadditional or different terms.

   (2) The additional terms are to be construed as proposals foraddition to the contract. Between merchants such terms become part of thecontract unless:

   (a) The offer expressly limits acceptance to the terms of theoffer;

   (b) They materially alter it; or

   (c) Notification of objection to them has already been givenor is given within a reasonable time after notice of them is received.

   (3) Conduct by both parties which recognizes the existence ofa contract is sufficient to establish a contract for sale although the writingsof the parties do not otherwise establish a contract. In such case the terms ofthe particular contract consist of those terms on which the writings of theparties agree, together with any supplementary terms incorporated under anyother provisions of title 6A.