In Orkal Industries v. Array Connector, where Orkal bought parts from Array by sending an order form, but Array confirmed with its own form that contained different terms. Orkal did not object to the different terms until litigation arose later at which point the added terms mattered. The courts held that under the UCC:

Question

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Under UCC 2-207, if both parties' forms contain different terms, the terms are considered "additional" and become part of the contract only if the offeror (Orkal) expressly agrees to them, or the supplier (Array) sends a notice of the additional terms and the offeror fails to object to them. In this case, Orkal did not object to Array's different terms, but Array also did not require Orkal to agree to them. Therefore, the original order form controls, but Array could have forced a change if it had followed the proper procedure.

In Orkal Industries V