Florida Statute 672.207 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.207

672.207 Additional terms in acceptance or confirmation.—

(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 code.

History.—s. 1, ch. 65-254.

Note.—s. 2-207, U.C.C.

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Amendments to 672.207

Annotations, Discussions, Cases:

Cases Citing Statute 672.207

Total Results: 10

Premix-Marbletite Manufacturing Corp. v. SKW Chemicals, Inc.

145 F. Supp. 2d 1348, 46 U.C.C. Rep. Serv. 2d (West) 77, 2001 U.S. Dist. LEXIS 7809, 2001 WL 673454

District Court, S.D. Florida | Filed: Apr 24, 2001 | Docket: 388925

Cited 9 times | Published

enforceable agreement under the UCC. See Fla. Stat. § 672.207(3) ("Conduct by both parties which recognizes

Eastern Cement v. Halliburton Co.

600 So. 2d 469, 1992 Fla. App. LEXIS 4094, 1992 WL 68968

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 2519976

Cited 8 times | Published

introduces additional or different terms. See § 672.207(1), Fla. Stat. (1989) (Florida's adoption of the

A & M ENG. PLASTICS v. Energy Sav. Tech.

455 So. 2d 1124

District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 1316429

Cited 8 times | Published

term is generally considered incorporated. Cf. § 672.207, Fla. Stat. (1983). Given the above, the contract

Paul Gottlieb & Co. v. Alps South Corp.

985 So. 2d 1, 64 U.C.C. Rep. Serv. 2d (West) 939, 2007 Fla. App. LEXIS 20245, 2007 WL 4462984

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 1673467

Cited 6 times | Published

by section 2-207 of the U.C.C., codified in section 672.207, Florida Statutes (2000). Here, Gottlieb first

Dependable Component Supply, Inc. v. Pace Electronics, Inc.

772 So. 2d 582, 43 U.C.C. Rep. Serv. 2d (West) 521, 2000 Fla. App. LEXIS 15456, 2000 WL 1744854

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 1435523

Cited 2 times | Published

UCC to see who wins this initial skirmish. Section 672.207(1) provides that: "A definite and seasonable

Algernon Blair Cont. v. Hughes Supply

684 So. 2d 223, 1996 Fla. App. LEXIS 12303, 1996 WL 672983

District Court of Appeal of Florida | Filed: Nov 22, 1996 | Docket: 1481849

Cited 2 times | Published

an objection is made within a reasonable time. § 672.207, Fla. Stat. (1993). However, additional terms

ADV. MOBILEHOME SYS. v. Alumax

666 So. 2d 166

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 1510883

Cited 2 times | Published

approval of Alumax's terms, we must examine section 672.207(2). The parties do not dispute that they are

General Tool Industries, Inc. v. Premier Machinery, Inc.

790 So. 2d 449, 44 U.C.C. Rep. Serv. 2d (West) 718, 2001 Fla. App. LEXIS 5176, 2001 WL 388062

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 64807090

Cited 1 times | Published

additional or different terms, is misplaced. Section 672.207(1) of the UCC “permit[s] an acceptance to be

Suarez Trucking Fl Corp. v. Adam J. Souders

Supreme Court of Florida | Filed: Oct 20, 2022 | Docket: 65592256

Published

modified with respect to transactions in goods. See § 672.207, Fla. Stat. (2021).

Advanced Mobilehome Systems of Tampa, Inc. v. Alumax Fabricated Products, Inc.

666 So. 2d 166, 28 U.C.C. Rep. Serv. 2d (West) 91, 1995 Fla. App. LEXIS 11675

District Court of Appeal of Florida | Filed: Nov 8, 1995 | Docket: 64761291

Published

approval of Alumax’s terms, we must examine section 672.207(2). The parties do not dispute that they are