Texas Business & Commerce Code - Section 2.207. Additional Terms In Acceptance Or Confirmation
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 2.207. Additional Terms In Acceptance Or Confirmation
§ 2.207. ADDITIONAL TERMS IN ACCEPTANCE OR
CONFIRMATION. (a) 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) 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 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.
Acts 1967, 60th Leg., p. 2343, ch. 785, § 1, eff. Sept. 1, 1967.
Section: 2.107 2.201 2.202 2.203 2.204 2.205 2.206 2.207 2.209 2.210 2.301 2.302 2.303 2.304 2.305
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Last modified: August 10, 2007
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