2-207 Analysis - Jack Ko Analytical Flow Chart for Battle...

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Jack Ko Yes Diff Add’l Note 1 No Yes Yes Yes No No Buyer’s Purch. Ord. Seller’s ACK or Invoice Accepta nce under 207(1)? Additio nal or differen t terms? Expressly condition al (counter- K formed by performa nce under 207(3)? Buyer’s (Of’or) terms on P.O. applies Buyer needs to expressly assent; otherwise, 207(3) may apply “knock out” rule applies and Code provisions fill in the gaps Additional terms become part of the K Survive 207(2) (a), (b), & (c)? K terms based on agreed upon terms plus Code gap fillers Additional terms drop out of the K No Analytical Flow Chart for Battle of the Forms under UCC 2-207
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