2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 22 - Form, Formation and Readjustment of Contract
2207 - Additional terms in acceptance or confirmation.

     § 2207.  Additional terms in acceptance or confirmation.
        (a)  General rule.--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)  Effect on contract.--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 establishing contract.--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.