§ 26-1-2-207 — Additional terms in acceptance or confirmation

Indiana § 26-1-2-207

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 2: Sales

Text

(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 Act.
Formerly: Acts 1963, c.317, s.2-207.