N.Y. Uniform Commercial Code Law § 2-206: Offer and Acceptance in Formation of Contract

Section 2--206. Offer and Acceptance in Formation of Contract.

(1) Unless otherwise unambiguously indicated by the language or

circumstances

(a) an offer to make a contract shall be construed as inviting

acceptance in any manner and by any medium reasonable in the

circumstances;

(b) an order or other offer to buy goods for prompt or current

shipment shall be construed as inviting acceptance either by

a prompt promise to ship or by the prompt or current shipment

of conforming or non-conforming goods, but such a shipment of

non-conforming goods does not constitute an acceptance if the

seller seasonably notifies the buyer that the shipment is

offered only as an accommodation to the buyer.

(2) Where the beginning of a requested performance is a reasonable

mode of acceptance an offeror who is not notified of acceptance within a

reasonable time may treat the offer as having lapsed before acceptance.