A. 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.
B. 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. The offer expressly limits acceptance to the terms of the offer;
2. They materially alter it; or
3. Notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
C. 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.
Notes of Decisions
Sw. Pet Prods., Inc. v. Koch Indus., Inc., 107 F. Supp. 2d 1108 (D. Ariz. 2000).
· cites it 11× “See Ariz.Rev.Stat. § 47-2207 (1999). 2 Section 47-2207(A) provides: 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…”
Autonumerics, Inc. v. Bayer Indus., Inc., 696 P.2d 1330 (Ariz. Ct. App. 1984).
· cites it 4× “See A.R.S. § 47-2207. 2 The contract provides for no definite delivery date but anticipates delivery of each control separately over a period of time.”
Aries v. Palmer Johnson, Inc., 735 P.2d 1373 (Ariz. Ct. App. 1987).
· cites it 2× “Appellee has requested and will be awarded attorney’s fees on appeal upon filing a statement of costs pursuant to Rule 21(a), Rules Of Civil Appellate Procedure, 17 A.R.S. (1985 Supp.). HATHAWAY, C.”
Custom Roofing Co., Inc. v. Alling, 706 P.2d 400 (Ariz. Ct. App. 1985).
“§ 44-2314(C), now renumbered as § 47-2207(C). Alternatively, these facts could as easily be construed as an offer by the price quotation of Supply which was accepted by Custom’s purchase order.”
— Ariz. Rev. Stat. § 47-2207(A) — 1 case
Sw. Pet Prods., Inc. v. Koch Indus., Inc., 107 F. Supp. 2d 1108 (D. Ariz. 2000).
“See Ariz.Rev.Stat. § 47-2207 (1999). 2 Section 47-2207(A) provides: 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…”
— Ariz. Rev. Stat. § 47-2207(B) — 1 case
Sw. Pet Prods., Inc. v. Koch Indus., Inc., 107 F. Supp. 2d 1108 (D. Ariz. 2000).
“See Ariz.Rev.Stat. § 47-2207 (1999). 2 Section 47-2207(A) provides: 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…”
— Ariz. Rev. Stat. § 47-2207(B)(2) — 1 case
Sw. Pet Prods., Inc. v. Koch Indus., Inc., 107 F. Supp. 2d 1108 (D. Ariz. 2000).
“See Ariz.Rev.Stat. § 47-2207 (1999). 2 Section 47-2207(A) provides: 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…”
— Ariz. Rev. Stat. § 47-2207(C) — 1 case
Custom Roofing Co., Inc. v. Alling, 706 P.2d 400 (Ariz. Ct. App. 1985).
“§ 44-2314(C), now renumbered as § 47-2207(C). Alternatively, these facts could as easily be construed as an offer by the price quotation of Supply which was accepted by Custom’s purchase order.”
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