Colo. Rev. Stat. » Title 4

Colo. Rev. Stat. § 4-2-207

Additional terms in acceptance or confirmation

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(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.

Source: L. 65: p. 1304, § 1. C.R.S. 1963: § 155-2-207.

Notes of Decisions
Cited in 9 cases, 1982–2012 · leading case: Westinghouse Electric Corp. v. Nielsons, Inc.
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Westinghouse Electric Corp. v. Nielsons, Inc. (1986) cod · cites it 19× “The legally operative effect of the series of communications between Wesco and Nielsons is to be determined by Colo.Rev. Stat. § 4-2-207, a UCC provision.”
Leica Geosystems, Inc. v. L.W.S. Leasing, Inc. (2012) cod · cites it 16× “Colo.Rev.Stat. § 4-2-207 cmt. 1 (the exchange of printed purchase order and acceptance forms oriented to the thinking of the respective drafting parties often do not correspond); .”
Offen, Inc. v. Rocky Mountain Constructors, Inc. (1988) coloctapp · cites it 12× “This case is governed by the Uniform Commercial Code, § 4-2-207, C.R.S., which states: “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…”
Avedon Engineering, Inc. v. Seatex (2000) cod · cites it 15× “Colo.Rev.Stat. § 4-2-207 The parties agree that this ease is controlled by Colorado’s Uniform Commercial Code (U.”
Master Palletizer Systems, Inc. v. T.S. Ragsdale Co. (1989) cod · cites it 3× “Section 4-2-207(1), C.R.S. 1973, Colorado’s version of the Uniform Commercial Code § 2-207, provides that: A definite and seasonal expression of acceptance or a written confirmation which is sent within a reasonable time, operates as an acceptance even though it states terms…”
Graham Hydraulic Power, Inc. v. Stewart & Stevenson Power, Inc. (1990) coloctapp · cites it 3× “See § 4-2-207, C.R.S. The trial court also found that the manufacturer’s disclaimer met the requirements of § 4-2-316, and defendant does not challenge that finding.”
Flight Systems, Inc. v. Elgood Mayo Corp. (1982) coloctapp · cites it 3× “Section 4-2-207(2)(b), C.R.S.1973, and official comments 3 and 4 thereto; see Cargill, Inc.”
Surplus Electronics Corp. v. Gallin (1982) coloctapp “1973, and in particular on official comment 5 to § 4-2-207, found that, under the evidence in this case, the invoice language did not establish an agreement for attorney’s fees “but may establish invoice language as to late charges and interest.”
Columbine Beverage Co. v. Continental Can Co. (1986) coloctapp · cites it 4× “Relying on § 4-2-207(2), C.R.S., of the Uniform Commercial Code, the court found that the higher invoice interest rate was an additional term that had become part of the original lease agreement between the parties.”
— Colo. Rev. Stat. § 4-2-207(1) — 3 cases
Master Palletizer Systems, Inc. v. T.S. Ragsdale Co. (1989) cod “Section 4-2-207(1), C.R.S. 1973, Colorado’s version of the Uniform Commercial Code § 2-207, provides that: A definite and seasonal expression of acceptance or a written confirmation which is sent within a reasonable time, operates as an acceptance even though it states terms…”
Westinghouse Electric Corp. v. Nielsons, Inc. (1986) cod “The legally operative effect of the series of communications between Wesco and Nielsons is to be determined by Colo.Rev. Stat. § 4-2-207, a UCC provision.”
Leica Geosystems, Inc. v. L.W.S. Leasing, Inc. (2012) cod “Colo.Rev.Stat. § 4-2-207 cmt. 1 (the exchange of printed purchase order and acceptance forms oriented to the thinking of the respective drafting parties often do not correspond); .”
— Colo. Rev. Stat. § 4-2-207(2) — 4 cases
Leica Geosystems, Inc. v. L.W.S. Leasing, Inc. (2012) cod “Colo.Rev.Stat. § 4-2-207 cmt. 1 (the exchange of printed purchase order and acceptance forms oriented to the thinking of the respective drafting parties often do not correspond); .”
Westinghouse Electric Corp. v. Nielsons, Inc. (1986) cod “The legally operative effect of the series of communications between Wesco and Nielsons is to be determined by Colo.Rev. Stat. § 4-2-207, a UCC provision.”
Avedon Engineering, Inc. v. Seatex (2000) cod “Colo.Rev.Stat. § 4-2-207 The parties agree that this ease is controlled by Colorado’s Uniform Commercial Code (U.”
Columbine Beverage Co. v. Continental Can Co. (1986) coloctapp “Relying on § 4-2-207(2), C.R.S., of the Uniform Commercial Code, the court found that the higher invoice interest rate was an additional term that had become part of the original lease agreement between the parties.”
— Colo. Rev. Stat. § 4-2-207(2)(b) — 2 cases
Offen, Inc. v. Rocky Mountain Constructors, Inc. (1988) coloctapp “This case is governed by the Uniform Commercial Code, § 4-2-207, C.R.S., which states: “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…”
Flight Systems, Inc. v. Elgood Mayo Corp. (1982) coloctapp “Section 4-2-207(2)(b), C.R.S.1973, and official comments 3 and 4 thereto; see Cargill, Inc.”
— Colo. Rev. Stat. § 4-2-207(3) — 1 case
Westinghouse Electric Corp. v. Nielsons, Inc. (1986) cod “The legally operative effect of the series of communications between Wesco and Nielsons is to be determined by Colo.Rev. Stat. § 4-2-207, a UCC provision.”
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