2-207 (2)(a) question Forum

[beta]

under 2-207 (2)(a), if an OFFEROR limits acceptance to its terms, and an acceptance adds terms--is there no K because the acceptance is a counteroffer? or the additional terms just don't come in?

thanks in advance

[nyg22]

If you are in 2-207(2), there is ALWAYS a K.

So the analysis would be - there is a K on agreed terms according to (1). Any additional or different terms fall out because of offeror's limitation on acceptance. Also, this only applies to contracts "between merchants", as any additional terms would be proposals if not between merchants. Although, the result would be the same as the limitation would negate any proposal.

[beta]

ok that's what i thought. thanks!