What happens to additional terms in written confirmations between merchants in Georgia?

In Georgia, as under the Uniform Commercial Code (UCC), when transactions occur between merchants, additional terms that are included in written confirmations do have specific implications. The correct interpretation regarding these terms is that they typically become part of the contract unless they materially alter the original agreement.

This means that if the additional terms provide new information or stipulations that do not fundamentally change the agreement, they are automatically included in the contract. Examples of terms that would not be considered material alterations could include specifications on delivery dates or minor details about packaging. However, if the additional terms significantly change the obligations of one party or the nature of the agreement itself, such as introducing new risk or liability that was not part of the original understanding, they would be deemed material alterations and may not be incorporated without mutual consent.

Therefore, this perspective allows for an efficient way to incorporate additional agreements in commercial transactions, recognizing the fluidity and ongoing nature of negotiations between merchants while also protecting parties from significant unagreed alterations.