- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 207. Additional Terms in Acceptance or Confirmation.
previous: Section 206
. Offer and Acceptance in Formation of Contract.
next: Section 208
. Course of Performance or Practical Construction.
AS 45.02.207. Additional Terms in Acceptance or Confirmation.
- (a) A definite and seasonable expression of acceptance or a written confirmation that 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 these terms
become part of the contract unless
- (1) the offer expressly limits acceptance to the terms of the offer;
- (2) they materially alter it; or
- (3) notification of objection to them has already been given or is given within a reasonable time after notice of them is
- (c) Conduct by both parties that 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 this case the terms of the particular
contract consist of those terms on which the writings of the parties agree, together with supplementary terms
incorporated under other provisions of the code.
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