N.Y. Uniform Commercial Code 2-206 – Offer and Acceptance in Formation of Contract
Section 2–206. Offer and Acceptance in Formation of Contract.
Terms Used In N.Y. Uniform Commercial Code 2-206
- Buyer: means a person who buys or contracts to buy goods. See N.Y. Uniform Commercial Code 2-103
- Contract: A legal written agreement that becomes binding when signed.
- Seller: means a person who sells or contracts to sell goods. See N.Y. Uniform Commercial Code 2-103
(1) Unless otherwise unambiguously indicated by the language or circumstances
(a) an offer to make a contract shall be construed as inviting
acceptance in any manner and by any medium reasonable in the
circumstances;
(b) an order or other offer to buy goods for prompt or current
shipment shall be construed as inviting acceptance either by
a prompt promise to ship or by the prompt or current shipment
of conforming or non-conforming goods, but such a shipment of
non-conforming goods does not constitute an acceptance if the
seller seasonably notifies the buyer that the shipment is
offered only as an accommodation to the buyer.
(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.