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- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 208. Course of Performance or Practical Construction.
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Section 207. Additional Terms in Acceptance or Confirmation.
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Section 209. Modification, Rescission, and Waiver.
AS 45.02.208. Course of Performance or Practical Construction.
- (a) If 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, a course of performance accepted or acquiesced in
without objection is relevant to determine the meaning of the agreement.
- (b) The express terms of the agreement and the course of performance, as well as the course of dealing and usage of trade,
shall be construed when reasonable as consistent with each other; but if the construction is unreasonable, express
terms control the course of performance and the course of performance controls both the course of dealing and usage of
trade (AS 45.01.205
).
- (c) Subject to the provisions of AS 45.02.209
on modification and waiver, the course of performance is relevant to show a waiver or modification of terms
inconsistent with the course of performance.
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