§ 41-02-13 — (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 in any
manner and by any medium reasonable in the circumstances.
b. An order or other offer to buy goods for prompt or current shipment shall be
construed as inviting acceptance either by a prompt promise to ship or by the
prompt or current shipment of conforming or nonconforming goods but such a
shipment of nonconforming goods does not constitute an acceptance if the seller
seasonably notifies the buyer that the shipment is offered only as an
accommodation to the buyer.

2. If the beginning of a requested performance is a reasonable mode of acceptance, an
offeror who is not notified of acceptance within a reasonable time may treat the offer
as having lapsed before acceptance.