Ala. Code § 7-2-202

Final Expression

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Section 7-2-202

Final Expression: Parol or Extrinsic Evidence.

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 performance, course of dealing, or usage of trade (Section 7-1-303); 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.

(Acts 1965, No. 549, p. 811; Act 2004-524, p. 1070, §2; Act 2023-492, §1.)

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Notes of Decisions
Cited in 9 cases, 1983–2016 · leading case: Southern Energy Homes, Inc. v. Washington
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Southern Energy Homes, Inc. v. Washington (2000) ala “Section 7-2-316 provides in pertinent part: "(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this…”
La Trace v. Webster (2008) alacivapp · cites it 2× “" Section 7-2-316(1) provides that an express warranty cannot be disclaimed by language in a sales contract: "Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as…”
Shutter Shop, Inc. v. Amersham Corp. (2000) almd “CODE § 7-2-202 (1975). Cf. Alimenta (U.S.A.), Inc.”
Laferrera v. Camping World RV Sales (2016) alnd · cites it 2× “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.”
Thorn's Diesel Service, Inc. v. Houston Ship Repair, Inc. (2002) almd “1988) (Alabama’s UCC parol evidence rule in section 7-2-202 does not bar introduction of subsequent agreements to a contract).”
Hunjan Moulded Products (Alabama) Ltd. v. Hunjan Moulded Products (Alabama), Ltd. (2008) ca11 · cites it 3× “Ala.Code § 7-2-202. Because the quotations and purchase orders were consistent in their terms, parol evidence barred contradictory evidence.”
EX PARTE McCLARTY CONST. & EQUIP. CO., INC. (1983) ala “) Likewise, under Code 1975, § 7-2-202, the following is provided: "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…”
McClarty Construction & Equipment Co. v. Mining, Ore & Equipment Co. (1983) ala “) Likewise, under Code 1975, § 7-2-202, the following is provided: “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…”
American Carpet Sales, Inc. v. World Carpets, Inc. (1985) alacivapp · cites it 2× “Under Ala.Code (1975), § 7-2-202 usage of trade, which we interpret to include industry custom (see Ala.”
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