KRS 355.2-207: Additional terms in acceptance or confirmation.

(1) 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 exp ressly made conditional on assent to the additional or different

terms.

(2) The additional terms are to be construed as proposals for addition to the contract.

Between merchants such terms become part of the contract unless:

(a) The offer expressly limits acceptance to the terms of the offer;

(b) They materially alter it; or

(c) Notification of objection to them has already been given or is given within a

reasonable time after notice of them is received.

(3) Conduct by both parties which recognizes the exis tence of a contract is sufficient to

establish a contract for sale although the writings of the parties do not otherwise

establish a contract. In such case the terms of the particular contract consist of those

terms on which the writings of the parties agr ee, together with any supplementary

terms incorporated under any other provisions of this chapter.