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Even though a writing is sent after performance establishes the existence of a contract, courts have analyzed the effect of such a writing under UCC § 2-207. See Herzog Oil Field Serv. v. Otto Torpedo Co., 391 Pa. Super. 133, 570 A.2d 549, 550 (Pa. Super. Ct. 1990); McJunkin Corp. v. Mechanicals, Inc., 888 F.2d at 487.

The official comment to UCC 2-207 suggests that, even though a proposed deal has been closed, the conditional acceptance analysis still applies in determining which writing's terms will define the contract. To determine whether a writing constitutes a conditional acceptance, courts have established three tests. ...