Guam Notice to Seller of Acceptance of Offer by Proposing Additional Terms

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US-02371BG
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Description

Unless it is expressly specified that an offer to buy or sell goods must be accepted just as made, the offeree may accept an offer and at the same time propose an additional term. This is contrary to general contract law. Under general contract law, the proposed additional term would be considered a counteroffer and the original offered would be rejected. Under Article 2 of the Uniform Commercial Code, the new term does not reject the original offer. A contract arises on the terms of the original offer, and the new term is a counteroffer. The new term does not become binding until accepted by the original offeror. If, however, the offer states that it must be accepted exactly as made, the ordinary contract law rules apply.


In a transaction between merchants, the additional term becomes part of the contract if that term does not materially alter the offer and no objection is made to it. However, if such an additional term from the seller operates solely to the sellers advantage, it is a material term and must be accepted by the buyer to be effective.

Guam Notice to Seller of Acceptance of Offer by Proposing Additional Terms A Guam Notice to Seller of Acceptance of Offer by Proposing Additional Terms is a document that allows a buyer to accept an offer from a seller, while proposing additional terms or conditions to the transaction. This notice is commonly used in real estate or business transactions in Guam, a U.S. territory located in the western Pacific Ocean. The purpose of this notice is to provide a written acknowledgment to the seller that the buyer has accepted their initial offer, but with certain modifications or additions to the terms and conditions stated in the offer. By sending this notice, the buyer can propose changes to the purchase price, closing date, contingencies, or any other relevant terms that they would like to negotiate. There may be various types of Guam Notice to Seller of Acceptance of Offer by Proposing Additional Terms, depending on the specific nature of the transaction. Some of these variations may include: 1. Real Estate Purchase Agreement: This type of notice is used when buying or selling a property in Guam. The buyer may propose changes to the deposit amount, financing arrangements, inspections, or any other terms related to the purchase. 2. Business Acquisition Agreement: If the transaction involves the acquisition or sale of a business in Guam, this notice can be used. The buyer may propose amendments to the purchase price, payment terms, non-compete clauses, or other conditions important for the successful transfer of the business. 3. Contract for Services: In cases where a buyer wants to engage the services of a seller for a specific project or service in Guam, this notice can be utilized. The buyer may suggest modifications to the scope of work, timeline, payment terms, or any other relevant terms related to the service contract. Regardless of the type of transaction, it is important for the buyer to clearly outline their proposed additional terms or conditions in the notice. The seller can then review and consider the proposed changes, and respond with either an acceptance of the modified terms or a counteroffer. This process of negotiation helps ensure that both parties reach a mutually beneficial agreement. In conclusion, a Guam Notice to Seller of Acceptance of Offer by Proposing Additional Terms is an essential document for buyers in Guam to communicate their acceptance of an offer while proposing additional terms or conditions to the transaction. Whether it's a real estate purchase, business acquisition, or service contract, this notice facilitates negotiations and allows for a more customized agreement between the buyer and the seller.

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FAQ

What are the requirements of an effective acceptance? An effective acceptance must be made by the person or persons to whom the offer was made, match the terms in the offer, and be communicated to the offeror.

The UCC assumes that merchants should be held to particular standards because they are more experienced and have or should have special knowledge. Rules applicable to professionals ought not apply to the casual or inexperienced buyer or seller.

(1) "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who

Generally, to be legally valid, most contracts must contain two elements:All parties must agree about an offer made by one party and accepted by the other.Something of value must be exchanged for something else of value. This can include goods, cash, services, or a pledge to exchange these items.

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.

The Three Elements of an Enforceable Business ContractThe Offer. The first element of a valid contract is an offer.The Acceptance. When an offer is made by one party, the offer must be accepted by the other party for the contract to be valid.Consideration.

Who can accept an Offer? In simple words, acceptance is an expression by the offeree of his willingness to be bound by the terms of the offer. According to Section 2(b) of the Indian Contract Act, 1872, When the person to whom the proposal is made signifies his assent thereto, the proposal is aid to be accepted.

Which of the following is required for a merchant's firm offer under Article 2? A written assurance signed by the offeror.

Based on Page 8 7 © Aronberg Goldgehn, May 2014 this provision, a contract will be formed even if the response to the offer contains additional or different terms, as long as: (1) the acceptance is sent in a seasonable time frame; and (2) it constitutes a definite expression of acceptance.

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Guam Notice to Seller of Acceptance of Offer by Proposing Additional Terms