§490:2-206  Offer and acceptance in
formation of contract.  (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 the 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 reasonable time may treat the offer as having lapsed
before acceptance. [L 1965, c 208, §2-206; HRS §490:2-206]



 



Case Notes



 



  Use of "purchase order" is effective acceptance. 
56 H. 466, 540 P.2d 978.