8.2-206 - Offer and acceptance in formation of contract.

§ 8.2-206. Offer and acceptance in formation of contract.

(1) Unless otherwise unambiguously indicated by the language or circumstances

(a) an offer to make a contract shall be construed as inviting acceptance inany manner and by any medium reasonable in the circumstances;

(b) an order or other offer to buy goods for prompt or current shipment shallbe construed as inviting acceptance either by a prompt promise to ship or bythe prompt or current shipment of conforming or nonconforming goods, but sucha shipment of nonconforming goods does not constitute an acceptance if theseller seasonably notifies the buyer that the shipment is offered only as anaccommodation to the buyer.

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

(1964, c. 219.)