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Additional terms in acceptance or confirmation - 13 Pa. Cons. Stat. § 2207Legal Research Home > Pennsylvania Statutes
§ 2207. Additional terms in acceptance or confirmation.
(a) General rule.--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.
(b) Effect on contract.--The additional terms are to be
construed as proposals for addition to the contract. Between
merchants such terms become part of the contract unless:
(1) the offer expressly limits acceptance to the terms
of the offer;
(2) they materially alter it; or
(3) notification of objection to them has already been
given or is given within a reasonable time after notice of
them is received.
(c) Conduct establishing contract.--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 title.
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Last modified: November 27, 2007 |