Terms with respect to which the confirmatory memoranda of the parties agree or that 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 or usage of trade or by course of performance; 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. History: 1978 Comp., § 55-2A-202, enacted by Laws 1992, ch. 114, § 18; 2023, ch. 142, § 16. OFFICIAL COMMENTS UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved. Changes — In furtherance of medium neutrality, the references to a 'writing' have been changed to refer to a 'record.'Uniform Statutory Source. — Section 2-202 [55-2-202 NMSA 1978]. 'Agreement'. Section 1-201(3) [55-1-201 NMSA 1978]. 'Course of dealing'. Section 1-205 [55-1-205 NMSA 1978]. 'Party'. Section 1-201(29) [55-1-201 NMSA 1978]. 'Term'. ction 2-202 [55-2-202 NMSA 1978]. 'Agreement'. Section 1-201(3) [55-1-201 NMSA 1978]. 'Course of dealing'. Section 1-205 [55-1-205 NMSA 1978]. 'Party'. Section 1-201(29) [55-1-201 NMSA 1978]. 'Term'. Section 1-201(42) [55-1-201 NMSA 1978]. 'Usage of trade'. Section 1-205 [55-1-205 NMSA 1978]. 'Writing'. Section 1-201(46) [55-1-201 NMSA 1978]. ANNOTATIONSThe 2023 amendment, effective January 1, 2024, in the section heading, deleted 'written'; and substituted each occurrence of 'writing' with 'record' throughout the section.
New Mexico Legal Code