Go Syfert

Maine Revised Statutes

Me. Rev. Stat. tit. 11, § 2-207 (2026)

Additional terms in acceptance or confirmation

✓ current as of May 2026

Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(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.

Notes of Decisions

Cited in 5 cases, 1984–2013 · leading case: Packgen v. Berry Plastics Corp., 973 F. Supp. 2d 48 (D. Me. 2013).

Sort: Relevance Newest Treatment

Packgen v. Berry Plastics Corp., 973 F. Supp. 2d 48 (D. Me. 2013). · cites it 16× “11 M.R.S. § 2-207. Packgen asserts that where the parties’ contracts are not formed under section 2-207(1), section 2-207(2) does not apply because there is no “battle of the forms.”

A.E. Robinson Oil Co. v. Cnty. Forest Prods., Inc., 2012 ME 29 (Me. 2012). · cites it 3× “4-5, 11 M.R.S.A. § 2-207 (1995). Even additional terms that materially alter the oral agreement become part of the contract, however, if they are consistent with trade usage or the parties’ course of performance.”

Lucien Bourque, Inc. v. Cronkite, 557 A.2d 193 (Me. 1989). · cites it 2× “The additional amount was based on the justice’s ruling that section 2-207(2) of the Uniform Commercial Code, 11 M.R.S.A. § 2-207(2) (1964), applies to this transaction and requires enforcement of the printed legend on all of Bourque’s invoices imposing interest and attorney…”

Redlon's Inc. v. Gilman, Inc., 485 A.2d 661 (Me. 1984). “§ 2-207 (1964) of the Uniform Commercial Code, additional terms can be incorporated into an existing sales contract unless notice of objection to such terms is given within a reasonable time after notice is received. Gilman filed no such objection after Redlon’s sent it notice…”

Cont'l Can Co. v. Poultry Processing, Inc., 649 F. Supp. 570 (D. Me. 1986). · cites it 2× “It also received copies of invoices that were originally mailed to Defendant in care of Medo-mak. The Code provides that, among merchants, additional terms become incorporated into an existing contract unless notice of objection is given within a reasonable time or unless the…”

— Me. Rev. Stat. tit. 11, § 2-207(1) — 1 case

Packgen v. Berry Plastics Corp., 973 F. Supp. 2d 48 (D. Me. 2013). “11 M.R.S. § 2-207. Packgen asserts that where the parties’ contracts are not formed under section 2-207(1), section 2-207(2) does not apply because there is no “battle of the forms.”

— Me. Rev. Stat. tit. 11, § 2-207(2) — 2 cases

Lucien Bourque, Inc. v. Cronkite, 557 A.2d 193 (Me. 1989). “The additional amount was based on the justice’s ruling that section 2-207(2) of the Uniform Commercial Code, 11 M.R.S.A. § 2-207(2) (1964), applies to this transaction and requires enforcement of the printed legend on all of Bourque’s invoices imposing interest and attorney…”

Packgen v. Berry Plastics Corp., 973 F. Supp. 2d 48 (D. Me. 2013). “11 M.R.S. § 2-207. Packgen asserts that where the parties’ contracts are not formed under section 2-207(1), section 2-207(2) does not apply because there is no “battle of the forms.”

— Me. Rev. Stat. tit. 11, § 2-207(2)(b) — 1 case

A.E. Robinson Oil Co. v. Cnty. Forest Prods., Inc., 2012 ME 29 (Me. 2012). “4-5, 11 M.R.S.A. § 2-207 (1995). Even additional terms that materially alter the oral agreement become part of the contract, however, if they are consistent with trade usage or the parties’ course of performance.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.