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) By course of dealing or usage of trade or by course of performance; and
(2) 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.
(July 22, 1992, D.C. Law 9-128, § 2(b), 39 DCR 3830.)
1981 Ed., § 28:2A-202.
This section is referenced in § 28:2A-214.
Uniform Statutory Source:Section 2-202.
Definitional Cross References: “Agreement”. Section 1-201(3).
“Course of dealing”. Section 1-205.
“Party”. Section 1-201(29).
“Term”. Section 1-201(42).
“Usage of trade”. Section 1-205.
“Writing”. Section 1-201(46).
Structure District of Columbia Code
Title 28 - Commercial Instruments and Transactions. [Enacted title]
Subtitle I - Uniform Commercial Code
Part II - Formation and Construction of Lease Contract
§ 28:2A–201. Statute of frauds
§ 28:2A–202. Final written expression: parol or extrinsic evidence
§ 28:2A–203. Seals inoperative
§ 28:2A–204. Formation in general
§ 28:2A–206. Offer and acceptance in formation of lease contract
§ 28:2A–207. Course of performance or practical construction
§ 28:2A–208. Modification, rescission, and waiver
§ 28:2A–209. Lessee under finance lease as beneficiary of supply contract
§ 28:2A–210. Express warranties
§ 28:2A–212. Implied warranty of merchantability
§ 28:2A–213. Implied warranty of fitness for particular purpose
§ 28:2A–214. Exclusion or modification of warranties
§ 28:2A–215. Cumulation and conflict of warranties express or implied
§ 28:2A–216. Third party beneficiaries of express and implied warranties
§ 28:2A–218. Insurance and proceeds