Florida Statutes
Fla. Stat. § 672.207 (2025)
Additional terms in acceptance or confirmation.
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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.
Note.—s. 2-207, U.C.C.
Notes of Decisions
Cited in 13
cases (3 in the last 5 years), 1984–2024 · leading case: Paul Gottlieb & Co. v. Alps South Corp., 985 So. 2d 1 (Fla. 2d DCA 2007).
Paul Gottlieb & Co. v. Alps South Corp., 985 So. 2d 1 (Fla. 2d DCA 2007). “, codified in section 672.207, Florida Statutes (2000).”
Premix-Marbletite Mfg. Corp. v. SKW Chemicals, Inc., 145 F. Supp. 2d 1348 (S.D. Fla. 2001). “See Fla. Stat. § 672.207 (3) (“Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for the sale although the writings of the parties do not otherwise establish a contract.”
E. Cement v. Halliburton Co., 600 So. 2d 469 (Fla. 4th DCA 1992). “See § 672.207(1), Fla. Stat. (1989) (Florida's adoption of the Uniform Commercial Code).”
Gen. Tool Indus., Inc. v. Premier Mach., Inc., 790 So. 2d 449 (Fla. 3d DCA 2001). “(1983)) (“Where an agreement is expressed by forms, one of which contains a term that is neither rejected by the order form nor contradicted by any of its provisions, the term is generally considered incorporated.”). General Tool’s purchase orders contained terms that were…”
A & M ENG. PLASTICS v. Energy Sav. Tech., 455 So. 2d 1124 (Fla. 4th DCA 1984). “§ 672.207, Fla. Stat. (1983). Given the above, the contract in question was to have been for shipment of the parts F.”
Trans-tec Asia v. M/v Harmony Container, 435 F. Supp. 2d 1015 (C.D. Cal. 2005). “Code § 2207; Fla. Stat. Ann. § 672.207 . As noted above, there is no dispute here as to formation; Splendid acknowledges that a contract was formed.”
Dependable Component Supply, Inc. v. Pace Elec., Inc., 772 So. 2d 582 (Fla. 1st DCA 2000). “Section 672.207(1) provides that: "A definite and seasonable .”
Algernon Blair Cont. v. Hughes Supply, 684 So. 2d 223 (Fla. 5th DCA 1996). “§ 672.207, Fla. Stat. (1993). However, additional terms do not become part of the contract where: (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…”
Advanced Mobilehome Sys. of Tampa, Inc. v. Alumax Fabricated Prods., Inc., 666 So. 2d 166 (Fla. 3d DCA 1995). “As such, the term of the invoice that stated the buyer would be responsible for all sales taxes “hereinafter levied” was an additional term under section 672.207. Between merchants, such additional terms become part of the contract unless they fall within the three stated…”
Dawn Int'l LTD. v. Jacob Fleishman Sales, Inc. (S.D. Fla. 2024). “7 Section 2-207, codified at Fla. Stat. § 672.207 , provides, (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 .”
Adv. Mobilehome Sys. v. Alumax, 666 So. 2d 166 (Fla. 2d DCA 1995). “As such, the term of the invoice that stated the buyer would be responsible for all sales taxes "hereinafter levied" was an additional term under section 672.207. Between merchants, such additional terms become part of the contract unless they fall within the three stated…”
Suarez Trucking Fl Corp. v. Adam J. Souders (Fla. 2022). “See § 672.207, Fla. Stat. (2021). -8- law requires for an acceptance to be effective.”
— 672.207(1) — 4 cases
E. Cement v. Halliburton Co., 600 So. 2d 469 (Fla. 4th DCA 1992). “See § 672.207(1), Fla. Stat. (1989) (Florida's adoption of the Uniform Commercial Code).”
Paul Gottlieb & Co. v. Alps South Corp., 985 So. 2d 1 (Fla. 2d DCA 2007). “, codified in section 672.207, Florida Statutes (2000).”
Gen. Tool Indus., Inc. v. Premier Mach., Inc., 790 So. 2d 449 (Fla. 3d DCA 2001). “(1983)) (“Where an agreement is expressed by forms, one of which contains a term that is neither rejected by the order form nor contradicted by any of its provisions, the term is generally considered incorporated.”). General Tool’s purchase orders contained terms that were…”
Dependable Component Supply, Inc. v. Pace Elec., Inc., 772 So. 2d 582 (Fla. 1st DCA 2000). “Section 672.207(1) provides that: "A definite and seasonable .”
— 672.207(2) — 6 cases
Paul Gottlieb & Co. v. Alps South Corp., 985 So. 2d 1 (Fla. 2d DCA 2007). “, codified in section 672.207, Florida Statutes (2000).”
E. Cement v. Halliburton Co., 600 So. 2d 469 (Fla. 4th DCA 1992). “See § 672.207(1), Fla. Stat. (1989) (Florida's adoption of the Uniform Commercial Code).”
Gen. Tool Indus., Inc. v. Premier Mach., Inc., 790 So. 2d 449 (Fla. 3d DCA 2001). “(1983)) (“Where an agreement is expressed by forms, one of which contains a term that is neither rejected by the order form nor contradicted by any of its provisions, the term is generally considered incorporated.”). General Tool’s purchase orders contained terms that were…”
Dependable Component Supply, Inc. v. Pace Elec., Inc., 772 So. 2d 582 (Fla. 1st DCA 2000). “Section 672.207(1) provides that: "A definite and seasonable .”
Advanced Mobilehome Sys. of Tampa, Inc. v. Alumax Fabricated Prods., Inc., 666 So. 2d 166 (Fla. 3d DCA 1995). “As such, the term of the invoice that stated the buyer would be responsible for all sales taxes “hereinafter levied” was an additional term under section 672.207. Between merchants, such additional terms become part of the contract unless they fall within the three stated…”
— 672.207(3) — 1 case
Dependable Component Supply, Inc. v. Pace Elec., Inc., 772 So. 2d 582 (Fla. 1st DCA 2000). “Section 672.207(1) provides that: "A definite and seasonable .”
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