dissenting.
I respectfully disagree with the majority's conclusion that the trial court erred in finding in favor of INDOT. The majority's holding is premised on the fact that "there is a usage of trade in the glass beads industry that dictates how the AASHTO moisture resistance test is to be performed." Op. p. 148. Whether there exists a usage of trade regarding how AASHTO performs its moisture test, however, is not the determinative issue before this Court.
The majority correctly points out that the agreement is one for the sale of goods; and thus, it is governed by Indiana's commercial code. Of particular relevance to this case is Indiana Code § 26-1-1-205(4), which states:
The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed wherever reasonable as consistent with each other; but when such construction is unreasonable express terms control both course of dealing and usage of trade and course of dealing controls usage of trade.
See also Ind.Code § 26-1-2-208(@2) ("The express terms of the agreement and any such course of performance, as well as any course of dealing and usage of trade, shall be construed whenever reasonable as consistent with each other; but when such construction is unreasonable, express terms shall control course of performance and course of performance shall control both course of dealing and usage of trade (IC 26-1-1-205)."). The agreement at issue here expressly provided, "All bidders are required to be familiar with the methods of sampling, testing and reporting that are used by [INDOT]. This may be accomplished by contacting the Materials and Tests Division. Such procedures will be binding upon the successful bidder throughout the contract period."5 Id. at 25. Thus, the relevant inquiry is how IN-DOT sampled, tested, and reported for moisture resistance.
While the agreement also set forth that the "[gllass beads supplied under this contract shall have moisture resistant and adhesion coating(s) and shall be in accordance with AASHTO M 247, Type 1[,]" Id. at 22, this is not to say that the AASHTO *151methods of testing were to be employed. AASHTO M 247-81 designates the standard specifications for glass beads used in traffic paints, and to that end, AASHTO M 247-81 was incorporated into the agreement between the parties. While admittedly AASHTO M 247-81 also delineates methods of sampling and testing glass beads, the agreement between Todd Heller, Inc. and INDOT explicitly stated that "(alll bidders are required to be familiar with the methods of sampling, testing and reporting that are used by [INDOT]" and that "[sluch procedures will be binding upon the successful bidder throughout the contract period." Appellant's App. p. 25. In light of this unequivocal statement that INDOT sampling, testing, and reporting methods were to be employed, I cannot say that usage of trade considerations regarding how AASHTO sampling and testing methods are performed, if such a usage of trade indeed exists,6 would override the parties' written agreement. See Ind. Code § 26-1-1-205(4). Consequently, I would affirm the trial court's judgment in favor of INDOT.
. We note that of the five states informally surveyed by the INDOT, only one of the states performed the AASHTO test as advocated by Todd Heller, Inc. Due to such scant evidence, I am not convinced that a usage of trade was established.
. The agreement further provided, "Random field samples from delivered material will be taken periodically and tested for compliance. The results of field samples will prevail over all other tests." Appellant's App. p. 25.