70A-2-206 - Offer and acceptance in formation of contract.
70A-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 mannerand by any medium reasonable in the circumstances;
(b) an order or other offer to buy goods for prompt or current shipment shall be construedas inviting acceptance either by a prompt promise to ship or by the prompt or current shipment ofnonconforming goods, but such a shipment of nonconforming goods does not constitute anacceptance if the seller seasonably notifies the buyer that the shipment is offered only as anaccommodation to the buyer.
(2) Where the beginning of a requested performance is a reasonable mode of acceptancean offeror who is not notified of acceptance within a reasonable time may treat the offer as havinglapsed before acceptance.
Enacted by Chapter 154, 1965 General Session