Section 2--208. Course of Performance or Practical Construction  


Latest version.
  • (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 (Section 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.