MGMT 263 Lecture Notes - Lecture 12: Click Wrap, Fax, Browse Wrap
Document Summary
Outside the ucc: battle of the forms: among merchants. Additional terms: among merchants, additional terms become part of the deal unless: 1. offer doesn"t allow for additional terms; or, 2. they are material (signi cant/nontrivial); or, 3. they are objected to promptly. Additional terms are not considered part of the deal. Different terms are knocked out and code provisions control. So, the best practice if you want to counter the offer made to you as an individual is to say here is my counter-offer or something to that effect: time of acceptance. Acceptances are effective upon dispatch out of the offeree"s control: mailbox rule. The moment the acceptance has departed, it counts. Terminations are effecting upon receipt by other party: communication of acceptance. Method - person, mail, fax, phone, email, etc. Manner - words, down payment, performance, etc. Offer can speci c method and manner: wrap contracts.
