which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms. 2. The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless: b. they materially alter it. Iowa Code § 554.2207. Whether an additional term “materially alter[s]” the terms of the parties’ contract depends on whether the term “result[s] in surprise or hardship if incorporated without express awareness by the other party.” Iowa Code § 554.2207, cmt. 4; see also All-Iowa Contracting Co. v. Linear Dynamics, Inc., 296 F.Supp.2d 969, 979 (N.D.Iowa 2003) (<HOLDING>). In Sudenga Industries, Inc. v. Fulton
holding that an additional term did not materially alter the contract because the plaintiff cannot profess to be surprised by an additional term in an invoice when the price quotation contained the identical term holding that use of the term enhancement also a pr ebooker term did not require reversal where district court properly considered the guidelines to be advisory holding that a second extended term cannot be imposed on an offense occurring before the imposition of the first extended term under njsa 2c445b1 holding that there can be no implied contractual term at variance with an express term of a contract holding that when a term is not defined in a contract the presumption is that the term is to be given its ordinary meaning and significance