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Course of performance or practical construction - 13 Pa. Cons. Stat. § 2208

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     § 2208.  Course of performance or practical construction.
        (a)  Relevancy of accepted performance.--Where the contract
     for sale involves repeated occasions for performance by either
     party with knowledge of the nature of the performance and
     opportunity for objection to it by the other, any course of
     performance accepted or acquiesced in without objection shall be
     relevant to determine the meaning of the agreement.
        (b)  Construction of express terms and performance.--The
     express terms of the agreement and any such course of
     performance, as well as any course of dealing and usage of
     trade, shall be construed whenever reasonable as consistent with
     each other; but when such construction is unreasonable, express
     terms shall control course of performance and course of
     performance shall control both course of dealing and usage of
     trade (section 1205).
        (c)  Waiver or modification of terms inconsistent with
     performance.--Subject to the provisions of section 2209
     (relating to modification, rescission and waiver), such course
     of performance shall be relevant to show a waiver or
     modification of any term inconsistent with such course of
     performance.

        Cross References.  Section 2208 is referred to in sections
     1201, 2202 of this title.

Last modified: November 27, 2007