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<section article="gcl" article_name="Commercial Law" number="22-204" title_number="22" title_name="Maryland Uniform Computer Information Transactions Act" subtitle_number="2" subtitle_name="Formation and Terms; Formation of a Contract; Terms of Records; Electronic Contracts: Generally">
  <level label="a">
    <text>In this section, an acceptance materially alters an offer if it contains a term that materially conflicts with or varies a term of the offer or that adds a material term not contained in the offer.</text>
  </level>
  <level label="b">
    <text>Except as otherwise provided in § 22-205 of this subtitle, a definite and seasonable expression of acceptance operates as an acceptance, even if the acceptance contains terms that vary from the terms of the offer, unless the acceptance materially alters the offer.</text>
  </level>
  <level label="c">
    <text>If an acceptance materially alters the offer, the following rules apply:</text>
    <level label="1">
      <text>A contract is not formed unless:</text>
      <level label="A">
        <text>A party agrees, such as by manifesting assent, to the other party’s offer or acceptance; or</text>
      </level>
      <level label="B">
        <text>All the other circumstances, including the conduct of the parties, establish a contract.</text>
      </level>
    </level>
    <level label="2">
      <text>If a contract is formed by the conduct of both parties, the terms of the contract are determined under § 22-210 of this subtitle.</text>
    </level>
  </level>
  <level label="d">
    <text>If an acceptance varies from but does not materially alter the offer, a contract is formed based on the terms of the offer. In addition, the following rules apply:</text>
    <level label="1">
      <text>Terms in the acceptance which conflict with terms in the offer are not part of the contract.</text>
    </level>
    <level label="2">
      <text>An additional nonmaterial term in the acceptance is a proposal for an additional term. Between merchants, the proposed additional term becomes part of the contract unless the offeror gives notice of objection before, or within a reasonable time after, it receives the proposed terms.</text>
    </level>
  </level>
</section>
