§ 25-2-207. Additional terms in acceptance or confirmation. - North Carolina Statutes

§25‑2‑207.  Additional terms in acceptance or confirmation.

(1)        A definite andseasonable expression of acceptance or a written confirmation which is sentwithin a reasonable time operates as an acceptance even though it states termsadditional to or different from those offered or agreed upon, unless acceptanceis expressly made conditional on assent to the additional or different terms.

(2)        The additionalterms are to be construed as proposals for addition to the contract. Betweenmerchants such terms become part of the contract unless:

(a)        the offer expresslylimits acceptance to the terms of the offer;

(b)        they materiallyalter it; or

(c)        notification ofobjection to them has already been given or is  given within a reasonable timeafter notice of them is received.

(3)        Conduct by bothparties which recognizes the existence of a contract is sufficient to establisha contract for sale although the writings of the parties do not otherwiseestablish a contract. In such case the terms of the particular contract consistof those terms on which the writings of the parties agree, together with anysupplementary terms incorporated under any other provisions of this chapter. (1965,c. 700, s. 1; 1967, c. 562, s. 1.)