(a) In this section, an offer or acceptance is conditional if it is conditioned on agreement by the other party to all the terms of the offer or acceptance.
(b) Except as otherwise provided in subsection (c) of this section, a conditional offer or acceptance precludes formation of a contract unless the other party agrees to its terms, such as by manifesting assent.
(c) If an offer and acceptance are in standard forms and at least one form is conditional, the following rules apply:
(1) Conditional language in a standard term precludes formation of a contract only if the actions of the party proposing the form are consistent with the conditional language, such as by refusing to perform, refusing to permit performance, or refusing to accept the benefits of the agreement, until its proposed terms are accepted.
(2) A party that agrees, such as by manifesting assent, to a conditional offer that is effective under paragraph (1) of this subsection adopts the terms of the offer under § 22-208 or § 22-209 of this subtitle, except a term that conflicts with an expressly agreed term regarding price or quantity.
Structure Maryland Statutes
Title 22 - Maryland Uniform Computer Information Transactions Act
Section 22-201 - Formal Requirements
Section 22-202 - Formation in General
Section 22-203 - Offer and Acceptance in General
Section 22-204 - Acceptance With Varying Terms
Section 22-205 - Conditional Offer or Acceptance
Section 22-206 - Offer and Acceptance: Electronic Agents
Section 22-207 - Formation: Releases of Informational Rights
Section 22-208 - Adopting Terms of Records
Section 22-209 - Mass-Market License
Section 22-210 - Terms of Contract Formed by Conduct
Section 22-211 - Pretransaction Disclosures in Internet-Type Transactions
Section 22-212 - Efficacy and Commercial Reasonableness of Attribution Procedure
Section 22-213 - Determining Attribution
Section 22-214 - Electronic Error: Consumer Defenses
Section 22-215 - Electronic Message: When Effective; Effect of Acknowledgment