Colorado Code
Part 3 - Territorial Applicability and General Rules
§ 4-1-303. Course of Performance, Course of Dealing, and Usage of Trade

(1) Express terms prevail over course of performance, course of dealing, and usage of trade;
(2) Course of performance prevails over course of dealing and usage of trade; and

Source: L. 2006: Entire article R&RE, p. 467, § 1, effective September 1.
Editor's note: This section is similar to former § 4-1-205 as it existed prior to 2006.
Source: Former Sections 1-205, 2-208, and Section 2A-207.
Changes from former law: This section integrates the "course of performance" concept from Articles 2 and 2A into the principles of former Section 1-205, which deals with course of dealing and usage of trade. In so doing, the section slightly modifies the articulation of the course of performance rules to fit more comfortably with the approach and structure of former UCC Section 1-205. There are also slight modifications to be more consistent with the definition of "agreement" in former section 1-201(3). It should be noted that a course of performance that might otherwise establish a defense to the obligation of a party to a negotiable instrument is not available as a defense against a holder in due course who took the instrument without notice of that course of performance.