800                               LAWS OF MARYLAND                        [CH. 538

fies the buyer that the shipment is offered only as an accommodation
to the buyer.

(2) Where the beginning of a requested performance is a reason-
able mode of acceptance an offeror who is not notified of acceptance
within a reasonable time may treat the offer as having lapsed before
acceptance.

2—207. Additional Terms in Acceptance or Confirmation.

(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 ad-
dition 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 supple-
mentary terms incorporated under any other provisions of this
Article.

2—208. Course of Performance or Practical Construction.

(1)   Where the contract for sale involves repeated occasions for
performance by either party with knowledge of the nature of the
performance and opportunity for objection to it by the other, any
course of performance accepted or acquiesced in without objection
shall be relevant to determine the meaning of the agreement.

(2)   The express terms of the agreement and any such course of
performance, as well as any course of dealing and usage of trade,
shall be construed whenever reasonable as consistent with each other;
but when such construction is unreasonable, express terms shall con-
trol course of performance and course of performance shall control
both course of dealing and usage of trade (Section 1—205).

(3)  Subject to the provisions of the next section on modification
and waiver, such course of performance shall be relevant to show a
waiver or modification of any term inconsistent with such course
of performance.

2—209. Modification, Rescission and Waiver.

(1)  An agreement modifying a contract within this Sub-title needs
no consideration to be binding.

(2)  A signed agreement which excludes modification or rescission