| If the sale is for goods or a merchant is involved, then it may fall under Uniform Commercial Code guidelines.
These are much more restrictive on the business than on the individual,
your company's purchase agreements should be tailored to best serve your
needs, not a standard form.
One example of a rule that differs depending on if the parties are
merchants or consumers is §2-207. It states:
(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 addition 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 supplementary terms
incorporated under any other provisions of this code.
(From the CA Commercial Code) |
Rules
of Employment
