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. (1) By course of dealing or usage of trade or by course of performance; and
2. (2) 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.

Uniform Commercial Code Comment

“Writing”. Section 1-201(46).

“Usage of trade”. Section 1-205.

“Term”. Section 1-201(42).

“Party”. Section 1-201(29).

“Course of dealing”. Section 1-205.

Definitional Cross References: “Agreement”. Section 1-201(3).

Uniform Statutory Source:Section 2-202.

History

July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830

Apr. 20, 2024, D.C. Law 25-158, § 2

Prior Codifications

1981 Ed., § 28:2A-202.

Section References

This section is referenced in § 28:2A-214.