Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a writing 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 performance, course of dealing, or usage of trade (Section 36-1-303); and
2. (b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.

HISTORY: 1962 Code Section 10.2-202; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 6, eff October 1, 2014.

Editor's Note

2014 Act No. 213, Section 51, provides as follows:

"SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."

Effect of Amendment

2014 Act No. 213, Section 6, in paragraph (a), substituted "performance, course of dealing, or usage of trade (Section 36-1-303)" for "dealing or usage of trade (Section 36-1-205) or by course of performance (Section 36-2-208)".