In a sale of goods, the buyer's acceptance includes a new term not in the offer. Under the UCC, what is the effect of this acceptance if the term is not conditioned on the offeror's agreement?

• A. Such acceptance forms a contract even though it includes new terms, as long as they are not conditioned.
• B. Such acceptance is a counteroffer.
• C. No contract because the terms were not identical.
• D. The contract is void.

Answer: (A)

Under the UCC, there isn’t a strict mirror-image rule for contracts for goods. An acceptance can include terms that are different from or in addition to those in the offer, and still form a contract, as long as the acceptance is not made conditional on the offeror’s assent to those new terms.

Because the buyer’s acceptance adds a term not in the offer and does not condition that term on the offeror’s agreement, it operates as an acceptance. A contract is formed for the sale of goods. The new term doesn’t automatically become part of the contract; it may be included under 2-207 unless the offer limited acceptance to its own terms, the term would materially alter the contract, or the other party objects in a timely manner. In short, the acceptance is effective and a contract is formed despite the added term, provided there’s no conditioning on assent to that term.