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Letter and Notice to Seller Accepting Offer But Proposing Additional Terms - Earlier Delivery Date

Category:
Contracts - Counter Offer
State:
Multi-State
Control #:
US-01265BG
Format:
Word; 
Rich Text
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Description

A counter offer is an offer made in response to a previous offer by the other party during negotiations for a final contract. It is a new offer made in response to an offer received. It has the effect of rejecting the original offer, which cannot be accepted thereafter unless revived by the offeror. However, with regard to sales of goods, Article 2-207 of the Uniform Commercial Code provides: "A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms."

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FAQ

The general rule under contract law is that silence on the part of the offeree does not communicate to acceptance of the offer made by the offeror.Where the offeree gives the offeror the impression that silence is acceptance of the offer.

In order for an offer to be valid, it must be clearly communicated, giving the offeree a chance to accept or reject it. Clear communication can include actions, oral communication, or in writing. A valid offer can be made to a group, a single person, or the public at large. Valid offers are definite in their substance.

There are three types of acceptance including express acceptance, implied acceptance, and conditional acceptance. In the world of merchant agreements, formal contracts are sometimes too tedious for a busy schedule. Instead, merchants, contractors, and buyers have developed these types of acceptance of a contract.

Generally, a simple price quote is not an offer.If a person rejects an offer, it is considered terminated. Likewise, if the recipient of an offer changes its terms, the original offer is terminated and a new offer is created. This new offer is called a counteroffer, and the original offerer may accept it.

The three requirements for a valid offer are: present intent to contract, definiteness and communication to the offeree.

If the offeree accepts the offeror's terms while complaining about them, it is called a grumbling acceptance.The intention to accept an offer must be a present intent to contract.

Offers at common law required three elements: communication, commitment and definite terms.

Revocation means "cancellation". Revocation of an offer means its withdrawal by the offeror.Section 5 lays down "a proposal may be revoked at any time before the communication of its acceptance as against the proposer". An offer is made irrevocable by acceptance. Revocation may be express or implied.

In the law of contracts, the mirror image rule, also referred to as an unequivocal and absolute acceptance requirement, states that an offer must be accepted exactly with no modifications. The offeror is the master of their own offer.

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Letter and Notice to Seller Accepting Offer But Proposing Additional Terms - Earlier Delivery Date
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