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There is scant case authority shedding light on the question of what constitutes 'supplementary terms' within the meaning of Section 2-207(3) and the Official Comments to Section 2-207 provide no guidance in this regard. Disputed additional terms (i.e., those terms on which the writings of the parties do not agree) which are necessarily excluded from a Subsection (3) contract by the language, 'terms on which the writings of the parties agree,' cannot be brought back into the contract under the guise of 'supplementary terms.'

This conclusion has substantial support among the commentators who have addressed themselves to the issue. As two noted authorities ...