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§ 2 2-207 F Flow C Char t Definite and seasonable expression of acceptance or written confirmation? Y
No
Additional or different Terms No: Contract is formed based on agreed on terms.
Yes: Acceptance expressly made
conditional on assent to additional or different terms? No:
Both parties merchants?
Yes: Counteroffer
Y
Additional terms are part of agreement unless: •
(1) Offer expressly limits acceptance to its terms, •(2) Additional terms amount to a material alteration, or •
(3) Offeror objects within reasonable time.
No:
Additional terms are
proposals for addition to contract. Different terms cancel each other out, leaving terms agreed on and terms supplied by Article 2 gapfillers (favored rule). Contract by conduct of both Parties Yes: Contract is formed with No: No contract is formed . •(1) Agreed on terms, and •