Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record 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, usage of trade, or by course of performance (section 4-1-303); and(b) By evidence of consistent additional terms unless the court finds the record to have been intended also as a complete and exclusive statement of the terms of the agreement.Amended by 2023 Ch. 136,§ 8, eff. 8/7/2023.L. 65: p. 1303, § 1. C.R.S. 1963: § 155-2-202. L. 2006: (a) amended, p. 490, § 5, effective September 1.2023 Ch. 136, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the course of performance or practical construction, see §4-2-208 .
Colorado Legal Code