Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein, may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:

1. (a) By course of dealing, usage of trade, or by course of performance (section 4-1-303); and
2. (b) By evidence of consistent additional terms unless the court finds the record to have been intended also as a complete and exclusive statement of the terms of the agreement.

Source: L. 65: p. 1303, § 1. C.R.S. 1963: § 155-2-202. L. 2006: (a) amended, p. 490, § 5, effective September 1. L. 2023: IP and (b) amended, (SB 23-090), ch. 136, p. 527, § 8, effective August 7.

Cross references: For the course of performance or practical construction, see § 4-2-208.