106

LAWS OF MARYLAND

[Ch. 49

(3) Even though one or more terms are left open a
contract for sale does not fail for indefiniteness if the
parties hare intended to make a contract and there is a
reasonably certain basis for giving an appropriate

remedy.

2—205. Firm offers.

An offer by a merchant to buy or sell goods in a
signed writing which by its terms gives assurance that it
will be held open is not revocable, for lack of
consideration, during the time stated or if no time is
stated for a reasonable time, but in no event may such
period of irrevocability exceed three months; but any
such term of assurance on a form supplied by the offeree
must be separately signed by the offeror.

2—206. Offer and acceptance in formation of contract.

(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.

2—207. Additional terms in acceptance or confirmation.

(1)     A definite and seasonable expression of
acceptance or a written conformation 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 addition to the contract. Between
merchants such terms become part of the contract unless: