California Commercial Code Section 2207
California Uniform Commercial Code section 2207 deals with conflicting contract forms, and also to instruct on the implied warranties of merchantability and fitness , addresses the problem which arises when a purported acceptance of an offer is accompanied by terms additional to or different from those in the offer.
It specifies that the new terms do not become part of a contract if they materially alter the offer. (Cal. U. Com. Code, 2207, subd. (2)(a).)
It further provides that a contract may arise, notwithstanding the materially altered terms, if the parties' conduct "recognizes the existence of a contract." (Cal. U. Com. Code, 2207, subd. (3).)
In such a case the contract consists of the terms on which the conflicting writings agree, supplemented by the other applicable provisions of the code.