ABSTRACT

Whether alterations to an offer are to be regarded as material or immaterial is to be interpreted under Art. 8 CISG. If the parties substantially agree on the terms of their contract, a consensus exists; any discrepancies in wording or different forms of expression are not immaterially different terms falling under Art. 19(2) CISG. However, the offeror still retains the right to object to a contract coming into existence on immaterially different terms.