Under the UCC battle of the forms, when both parties are merchants and the acceptance contains additional terms, those terms become part of the contract unless:

• A. The offeror expressly limits acceptance to the terms of the offer.
• B. The new terms materially alter the contract.
• C. The other party objects within a reasonable time.
• D. All of the above.

Answer: (D)

Under the battle of the forms, when both parties are merchants, an acceptance that adds terms can still become part of the contract, but not if one of three things happens. First, the offeror can expressly limit acceptance to the terms of the offer, in which case the added terms aren’t incorporated. Second, the new terms can materially alter the contract, meaning they would surprise or impose a substantial new obligation on one party. Third, the other party can object to the added terms within a reasonable time, preventing their inclusion. Because any one of these scenarios stops the incorporation of the additional terms, all of the above conditions together explain why those terms do not automatically become part of the contract.