Merchant's Objection to Additional Term
About this form
The Merchant's Objection to Additional Term is a legal document used in commercial transactions between merchants. It allows a seller to formally object to additional terms proposed by the buyer while accepting the original offer. This form clarifies that the original terms remain valid and that any new terms proposed by the buyer will not take effect unless accepted by the seller. Unlike standard contract forms, this document specifically addresses the Uniform Commercial Code (UCC) provisions that govern disputes over additional terms in merchant transactions.
Form components explained
- Name of the buyer and seller
- Date of the buyer's acceptance letter
- Date of the seller's original offer letter
- Description of the goods being purchased
Common use cases
This form is essential in situations where a seller receives an acceptance from a buyer that includes additional terms or modifications not present in the original offer. It is particularly relevant in transactions involving commercial goods, where clarity around terms is critical to avoid misunderstandings and disputes. Use this form if you want to ensure that the agreement adheres strictly to the original offer without any alterations made by the buyer.
Who needs this form
This form is intended for:
- Sellers or suppliers engaged in commercial transactions with buyers
- Merchants looking to maintain the original terms of sale
- Any parties involved in negotiations that could complicate or alter the agreed-upon terms
Completing this form step by step
- Identify the buyer and seller by entering their names and addresses.
- Record the date of the buyer's letter responding to the seller's offer.
- Specify the date of the seller's original offer letter.
- Describe the quantity and type of goods involved in the transaction.
- Sign and date the form to formally object to the additional terms proposed by the buyer.
Notarization guidance
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to include all relevant dates, which can lead to confusion about the terms of acceptance.
- Not clearly identifying the goods involved, potentially causing disputes later on.
- Neglecting to sign the form, which may invalidate the objection to additional terms.
Advantages of online completion
- Convenience of completing the form from anywhere with internet access.
- Ability to easily edit and customize the form to fit specific transaction details.
- Ensures reliability and legal validity with attorney-reviewed templates.
Legal use & context
- The form serves as a formal response to prevent additional terms from altering the original contract.
- Under UCC guidelines, additional terms can be part of the agreement unless explicitly rejected.
- Using this form can help mitigate potential legal disputes in transactions involving merchants.
Quick recap
- The Merchant's Objection to Additional Term is important for maintaining the integrity of original offers.
- Understanding the UCC's application in contract disputes can protect your business interests.
- Proper completion of this form helps establish clear agreements between parties and prevent misunderstandings.
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FAQ
Additional Term means any Contract term in addition to and after the Original Term, each of which is a 12-Month period beginning January 1.
Dickered terms are specific terms that are agreed upon by both parties, but not necessarily written. E.g., quantity, price, model, color, etc.
The policy of section 2-207 is that the parties should be able to enforce their agreement, whatever it is, despite discripancies between the oral agreement and the confirmation (or between an offer and acceptance) if enforcement can be granted without requiring either party to be bound to a material term to which he
§ 2-207. Additional Terms in Acceptance or Confirmation. (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.
If both parties are merchants, additional terms in the acceptance will be included in the contract unless: (1) they materially alter the terms of the offer, (2) the offer expressly limits acceptance to the terms of the offer, or (3) the offeror objects to the terms within a reasonable time.
Statute of frauds: Main exceptions Merchant's Exception (UCC 2-201 (2)): If you and your Buyer are both merchants, and you sent him something in writing memorializing the oral agreement (some courts consider detailed invoices sufficient), and he did not object, the oral contract is enforceable.
