California Commercial Code — Sales — Form, Formation And Readjustment Of Contract — Final written expression; parol or extrinsic evidence

Current through the 2016 Legislative Session

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

(a) By course of dealing, course of performance, or usage of trade (Section 1303); and
(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.
Ca. Com. Code § 2202
Amended by Stats 2006 ch 254 (SB 1481),s 33, eff. 1/1/2007.

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