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S.B. 142
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VETOES
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(4) IF AN OFFER IN AN ELECTRONIC MESSAGE EVOKES AN ELECTRONIC
MESSAGE ACCEPTING THE OFFER, A CONTRACT IS FORMED:
(A) WHEN AN ELECTRONIC ACCEPTANCE IS RECEIVED; OR
(B) IF THE RESPONSE CONSISTS OF BEGINNING PERFORMANCE,
FULL PERFORMANCE, OR GIVING ACCESS TO INFORMATION, WHEN THE
PERFORMANCE IS RECEIVED OR THE ACCESS IS ENABLED AND NECESSARY ACCESS
MATERIALS ARE RECEIVED.
21-204. ACCEPTANCE WITH VARYING TERMS.
(A) IN THIS SECTION, AN ACCEPTANCE MATERIALLY ALTERS AN OFFER IF IT
CONTAINS A TERM THAT MATERIALLY CONFLICTS WITH OR VARIES A TERM OF THE
OFFER OR THAT ADDS A MATERIAL TERM NOT CONTAINED IN THE OFFER
(B) EXCEPT AS OTHERWISE PROVIDED IN § 21-205 OF THIS SUBTITLE, A
DEFINITE AND SEASONABLE EXPRESSION OF ACCEPTANCE OPERATES AS AN
ACCEPTANCE, EVEN IF THE ACCEPTANCE CONTAINS TERMS THAT VARY FROM THE
TERMS OF THE OFFER, UNLESS THE ACCEPTANCE MATERIALLY ALTERS THE OFFER.
(C) IF AN ACCEPTANCE MATERIALLY ALTERS THE OFFER, THE FOLLOWING
RULES APPLY:
(1) A CONTRACT IS NOT FORMED UNLESS:
(A) A PARTY AGREES, SUCH AS BY MANIFESTING ASSENT, TO THE
OTHER PARTY'S OFFER OR ACCEPTANCE; OR
(B) ALL THE OTHER CIRCUMSTANCES, INCLUDING THE CONDUCT
OF THE PARTIES, ESTABLISH A CONTRACT.
(2) IF A CONTRACT IS FORMED BY THE CONDUCT OF BOTH PARTIES, THE
TERMS OF THE CONTRACT ARE DETERMINED UNDER § 21-210 OF THIS SUBTITLE.
(D) IF AN ACCEPTANCE VARIES FROM BUT DOES NOT MATERIALLY ALTER
THE OFFER, A CONTRACT IS FORMED BASED ON THE TERMS OF THE OFFER IN
ADDITION, THE FOLLOWING RULES APPLY:
(1) TERMS IN THE ACCEPTANCE WHICH CONFLICT WITH TERMS IN THE
OFFER ARE NOT PART OF THE CONTRACT.
(2) AN ADDITIONAL NONMATERIAL TERM IN THE ACCEPTANCE IS A
PROPOSAL FOR AN ADDITIONAL TERM. BETWEEN MERCHANTS, THE PROPOSED
ADDITIONAL TERM BECOMES PART OF THE CONTRACT UNLESS THE OFFEROR GIVES
NOTICE OF OBJECTION BEFORE, OR WITHIN A REASONABLE TIME AFTER, IT
RECEIVES THE PROPOSED TERMS.
21-205. CONDITIONAL OFFER OR ACCEPTANCE.
(A) IN THIS SECTION, AN OFFER OR ACCEPTANCE IS CONDITIONAL IF IT IS
CONDITIONED ON AGREEMENT BY THE OTHER PARTY TO ALL THE TERMS OF THE
OFFER OR ACCEPTANCE.
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- 3662 -
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