59.1-502.5 - Conditional offer or acceptance. - Virginia Statutes

§ 59.1-502.5. Conditional offer or acceptance.

(a) In this section, an offer or acceptance is conditional if it isconditioned on agreement by the other party to all the terms of the offer oracceptance.

(b) Except as otherwise provided in subsection (c), a conditional offer oracceptance precludes formation of a contract unless the other party agrees toits terms, such as by manifesting assent.

(c) If an offer and acceptance are in standard forms and at least one form isconditional, the following rules apply:

(1) Conditional language in a standard term precludes formation of a contractonly if the actions of the party proposing the form are consistent with theconditional language, such as by refusing to perform, refusing to permitperformance, or refusing to accept the benefits of the agreement, until itsproposed terms are accepted.

(2) A party that agrees, such as by manifesting assent, to a conditionaloffer that is effective under paragraph (1) adopts the terms of the offerunder § 59.1-502.8 or § 59.1-502.9, except a term that conflicts with anexpressly agreed term regarding price or quantity.

(2000, cc. 101, 996.)