8.2-207 - Additional terms in acceptance or confirmation.
§ 8.2-207. Additional terms in acceptance or confirmation.
(1) A definite and seasonable expression of acceptance or a writtenconfirmation which is sent within a reasonable time operates as an acceptanceeven though it states terms additional to or different from those offered oragreed upon, unless acceptance is expressly made conditional on assent to theadditional or different terms.
(2) The additional terms are to be construed as proposals for addition to thecontract. 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 givenwithin a reasonable time after notice of them is received.
(3) Conduct by both parties which recognizes the existence of a contract issufficient to establish a contract for sale although the writings of theparties do not otherwise establish a contract. In such case the terms of theparticular contract consist of those terms on which the writings of theparties agree, together with any supplementary terms incorporated under anyother provisions of this act.
(1964, c. 219.)