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Official Code of Georgia Annotated

Title 11. COMMERCIAL CODE · Chapter 2. · Article 2. SALES · Part 2. FORM, FORMATION, AND READJUSTMENT OF CONTRACT

11-2-207. Additional terms in acceptance or confirmation.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (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. (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:#

    1. (a)

      The offer expressly limits acceptance to the terms of the offer;#

    2. (b)

      They materially alter it; or#

    3. (c)

      Notification of objection to them has already been given or is given within a reasonable time after notice of them is received.#

  3. (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 title.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1933, § 109A-2-207, enacted by Ga. L. 1962, p. 156, § 1.

Law reviews

For note, “Enforcing Manufacturers’ Warranty Exclusions Against Non-Privity Commercial Purchasers: The Need for Uniform Guidelines,” see 20 Ga. L. Rev. 461 (1986). For article, “Impracticability As Risk Allocation: The Effect of Changed Circumstances upon Contract Obligations for the Sale of Goods,” see 22 Ga. L. Rev. 503 (1988).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, page 88; merge action: annotated; file SHA-256 ad397fccbf21.