North Dakota Code § 41-02-14

(2-207) Additional terms in acceptance or confirmation
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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 
expressly 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 existence 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 agree, together with any supplementary 
terms incorporated under any other provisions of this title.

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