12A:2-208 - Course of performance or practical construction - New Jersey Statutes

12A:2-208.  Course of performance or practical construction
    (1) Where the contract for sale involves repeated occasions for performance  by either party with knowledge of the nature of the performance and opportunity  for objection to it by the other, any course of performance accepted or  acquiesced in without objection shall be relevant to determine the meaning of  the agreement.

    (2) The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other;  but when such construction is unreasonable, express terms shall control course of performance and course of performance shall control both course of dealing and usage of trade (12A:1-205).

    (3) Subject to the provisions of the next section on modification and waiver, such course of performance shall be relevant to show a waiver or modification of any term inconsistent with such course of performance.

     L.1961, c. 120, s. 2-208.