If two parties have an on$-$going oral agreement that that one will ship and the other will accept $50$ pounds of produce each week unless the buyer Informs the seller one week before not to ship the next order, then the buyer's failure to speak up and tell the shipper not to send the produce: cannot be held against them as acceptance of an offer. does not qualify as a valid acceptance of the offer falls as an acceptance for lack of timeliness $.$ qualifies as acceptance of that week's delivery offer.