In the UCC battle of forms, what happens to different terms in accepted forms that are not expressly rejected?

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In the UCC battle of forms, what happens to different terms in accepted forms that are not expressly rejected?

In the UCC battle of the forms, when two accepted forms contain different terms and neither party expressly objects to the other side’s terms, the conflicting terms are knocked out of the contract. What remains are the terms both forms share, and the rest is supplied by the UCC’s gap-fillers. This means you don’t get a contract that wholesale adopts all terms from both forms; instead, you get a contract on the common terms, with missing terms like price or delivery filled in by the UCC defaults. If someone did expressly reject the other side’s differing terms, those terms wouldn’t be included, and the contract would reflect whatever terms survive the rejection and the gap-fillers.

In the UCC battle of the forms, when two accepted forms contain different terms and neither party expressly objects to the other side’s terms, the conflicting terms are knocked out of the contract. What remains are the terms both forms share, and the rest is supplied by the UCC’s gap-fillers. This means you don’t get a contract that wholesale adopts all terms from both forms; instead, you get a contract on the common terms, with missing terms like price or delivery filled in by the UCC defaults. If someone did expressly reject the other side’s differing terms, those terms wouldn’t be included, and the contract would reflect whatever terms survive the rejection and the gap-fillers.

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