(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 terms of the offer;
(b) They materially alter it; or
(c) Notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
(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.
(Acts 1965, No. 549, p. 811.)
Notes of Decisions
SouthTrust Bank v. Williams, 775 So. 2d 184 (Ala. 2000).
· cites it 5× “They analogize the procedure by which SouthTrust amended its regulations to transactions to which Ala.Code 1975, § 7-2-207, is applicable. Section 7-2-207 provides, in pertinent part: "(1) A definite and seasonable expression of acceptance or a written confirmation which is sent…”
Mercedes-Benz U.S. Int'l, Inc. v. Cobasys, LLC, 605 F. Supp. 2d 1189 (N.D. Ala. 2009).
· cites it 3× “This contention is supported by Alabama Commercial Code Section 7-2-207 which states, (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…”
Cook's Pest Control, Inc. v. Rebar, 852 So. 2d 730 (Ala. 2002).
· cites it 2× “[15] Were this a contract for the sale of goods, it would be governed by § 7-2-207, Ala.Code 1975, Alabama's version of the Uniform Commercial Code ("UCC").”
SSAB Alabama, Inc. v. Kem-Bonds, Inc. (S.D. Ala. 2017).
· cites it 26× “See Ala. Code § 7-2-207 comment 1 (explaining that “[t]his section is intended to deal with” the circumstance in which there is an “exchange of printed purchase order and acceptance … forms.”
Elec. Box & Enclosure, Inc. v. Comeq, Inc., 626 So. 2d 1250 (Ala. 1993).
“However, the elements essential to the holding in Coastal Industries— the addition of an arbitration clause in a contract after an oral agreement between the parties that established the fundamental bargain, thus constituting a material alteration under § 7-2-207 — is absent…”
— Ala. Code § 7-2-207(1) — 1 case
Mercedes-Benz U.S. Int'l, Inc. v. Cobasys, LLC, 605 F. Supp. 2d 1189 (N.D. Ala. 2009).
“This contention is supported by Alabama Commercial Code Section 7-2-207 which states, (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…”
— Ala. Code § 7-2-207(2)(a) — 1 case
SSAB Alabama, Inc. v. Kem-Bonds, Inc. (S.D. Ala. 2017).
“See Ala. Code § 7-2-207 comment 1 (explaining that “[t]his section is intended to deal with” the circumstance in which there is an “exchange of printed purchase order and acceptance … forms.”
— Ala. Code § 7-2-207(2)(c) — 1 case
SSAB Alabama, Inc. v. Kem-Bonds, Inc. (S.D. Ala. 2017).
“See Ala. Code § 7-2-207 comment 1 (explaining that “[t]his section is intended to deal with” the circumstance in which there is an “exchange of printed purchase order and acceptance … forms.”
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