If a nonmerchant-seller's offer expressly conditions acceptance on a nonmerchant-buyer's agreement to the terms of the offer,the buyer's positive response is an acceptance even if it contains additional terms.

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According to the UCC 2-207, a nonmerchant-buyer's response with additional terms is considered as an acceptance unless the offeror objects to the new terms within a reasonable time. The additional terms become part of the contract unless they materially alter the offer or are objected to by the offeror. However, this rule applies only to nonmerchant buyers. If both parties are merchants, the additional terms become a part of the contract only if they do not materially alter the offer and the offeror does not object to them.

If a Nonmerchant-Seller's Offer Expressly Conditions Acceptance on a Nonmerchant-Buyer's