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  (1) A reply to an offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer.

(2) However, a reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects orally to the discrepancy or dispatches a notice to that effect. If he does not so object, the terms of the contract are the terms of the offer with the modifications contained in the acceptance.

(3) Additional or different terms relating, among other things, to the price, payment, quality and quantity of the goods, place and time of delivery, extent of one party's liability to other or the settlement of disputes are considered to alter the terms of the offer materially.


Issues       
# Cases
 1 Modified acceptance
6
  1.1 Constituting counter-offer
19
  1.2 Constituting acceptance where modifications not material and not objected to by offeror
7
   1.2.1 Examples of non-material modifications
Country # Cases  
Arbitral Award 2  
Austria 1  
France 1  
Germany 5  
Hungary 1  
USA 1  
Date Court
31.03.2010 U.S. District Court, M.D. Alabama, Eastern Division
11
   1.2.2 Examples of material modifications
16
   1.2.3 Battle of forms
6
Total: 46


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