Nevada Code § 104.1303

1. A course of performance is a sequence
of conduct between the parties to a particular transaction that exists if:
(a) The agreement of the parties with respect to
the transaction involves repeated occasions for performance by a party; and
(b) The other party, with knowledge of the nature
of the performance and opportunity for objection to it, accepts the performance
or acquiesces in it without objection.
2. A course of dealing is a sequence of
conduct concerning previous transactions between the parties to a particular
transaction that is fairly to be regarded as establishing a common basis of
understanding for interpreting their expressions and other conduct.
3. A usage of trade is any practice or
method of dealing having such regularity of observance in a place, vocation or
trade as to justify an expectation that it will be observed with respect to the
transaction in question. The existence and scope of such a usage must be proved
as facts. If it is established that such a usage is embodied in a trade code or
similar record, the interpretation of the record is a question of law.
4. A course of performance or course of
dealing between the parties or usage of trade in the vocation or trade in which
they are engaged or of which they are or should be aware is relevant in
ascertaining the meaning of the parties agreement, may give particular meaning
to specific terms of the agreement, and may supplement or qualify the terms of
the agreement. A usage of trade applicable in the place in which part of the
performance under the agreement is to occur may be so utilized as to that part
of the performance.
5. Except as otherwise provided in
subsection 6, the express terms of an agreement and any applicable course of
performance, course of dealing or usage of trade must be construed whenever
reasonable as consistent with each other. If such a construction is unreasonable:
(a) Express terms prevail over course of
performance, course of dealing and usage of trade;
(b) Course of performance prevails over course of
dealing and usage of trade; and
(c) Course of dealing prevails over usage of
trade.
6. Subject to NRS 104.2209 , a course of performance is
relevant to show a waiver or modification of any term inconsistent with the
course of performance.
7. Evidence of a relevant usage of trade
offered by one party is not admissible unless that party has given the other
party notice that the court finds sufficient to prevent unfair surprise to the
other party.

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