§ 34.1-2-207 — 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:
(i) The offer expressly limits acceptance to the
terms of the offer;
(ii) They materially alter it; or
(iii) 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 act.