A communication fails to take effect as an acceptance where it attempts to
vary the terms of an offer. In such cases it is a counter-offer, which the
original offeror can either accept or reject. For example, where the offeror
offers to trade on its standard terms and the offeree purports to accept, but
on its own standard terms, that represents a counter-offer. Making a counteroffer
amounts to a rejection of the original offer which cannot subsequently
be restored or accepted (unless the parties agree).8
It is important to
distinguish a counter-offer from a mere request for further information
regarding the original offer.