12A:2-208. Course of performance or practical construction
(1) 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.
(2) 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 (12A:1-205).
(3) Subject to the provisions of the next section on modification and waiver, such course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance.
L.1961, c. 120, s. 2-208.
Section: Previous 12a-2-201 12a-2-202 12a-2-203 12a-2-204 12a-2-205 12a-2-206 12a-2-207 12a-2-208 12a-2-209 12a-2-210 12a-2-301 12a-2-302 12a-2-303 12a-2-304 12a-2-305 Next
Last modified: October 11, 2016