U.C.C. - ARTICLE 2 - SALES
..PART 2. FORM, FORMATION AND READJUSTMENT OF CONTRACT
§ 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 manner and by any medium reasonable
in the circumstances;
- (b) an order or other offer to buy goods for
prompt or current shipment shall be construed as inviting acceptance either
by a prompt promise to ship or by the prompt or current shipment of conforming or
non-conforming goods, but such a shipment of non-conforming goods does not
constitute an acceptance if the seller seasonably
notifies the buyer that the shipment is
offered only as an accommodation to the buyer.
(2) Where the beginning of a requested performance
is a reasonable mode of acceptance an offeror who is not notified of acceptance
within a reasonable time may treat the offer as having lapsed before acceptance.
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© Copyright 2005 by The American Law Institute and the National Conference of Commissioners on Uniform State Laws; reproduced, published and distributed with the permission of the Permanent Editorial Board for the Uniform Commercial Code for the limited purposes of study, teaching, and academic research.