West Virginia Code § 46-2-206

Offer and acceptance in formation of contract
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(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 nonconforming goods, but such a shipment of nonconforming goods does
not constitute an acceptance if the seller seasonably notifies theu 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 reasoanable time may treat the offer as
having lapsed before acceptance.

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