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California Commercial Code Section 2207

Legal Research Home > California Lawyer > Commercial Code > California Commercial Code Section 2207

(1) A definite and seasonable expression of acceptance or a
written confirmation which is sent within a reasonable time operates
as an acceptance even though it states terms additional to or
different from those offered or agreed upon, unless acceptance is
expressly made conditional on assent to the additional or different
terms.
   (2) The additional terms are to be construed as proposals for
addition to the contract.  Between merchants such terms become part
of the contract unless:
   (a) The offer expressly limits acceptance to the terms of the
offer;
   (b) They materially alter it; or
   (c) Notification of objection to them has already been given or is
given within a reasonable time after notice of them is received.
   (3) Conduct by both parties which recognizes the existence of a
contract is sufficient to establish a contract for sale although the
writings of the parties do not otherwise establish a contract.  In
such case the terms of the particular contract consist of those terms
on which the writings of the parties agree, together with any
supplementary terms incorporated under any other provisions of this
code.

Last modified: January 12, 2009