(810 ILCS 5/2-207) (from Ch. 26, par. 2-207)
Sec. 2-207.
Additional terms in acceptance or confirmation.
(1) 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.
(2) The additional terms are to be construed as proposals for addition
to the contract. Between merchants such terms become part of the contract
unless:
(a) the offer expressly limits acceptance to the | ||
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(b) they materially alter it; or
(c) notification of objection to them has already | ||
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(3) 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.
(Source: Laws 1961, p. 2101 .)
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