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S.B. 142
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VETOES
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(4) THE RIGHT TO A RETURN UNDER PARAGRAPH (3) OF THIS
SUBSECTION MAY ARISE BY LAW OR BY AGREEMENT.
(F) THE EFFECT OF PROVISIONS OF THIS SECTION MAY BE MODIFIED BY AN
AGREEMENT SETTING OUT STANDARDS APPLICABLE TO FUTURE TRANSACTIONS
BETWEEN THE PARTIES.
21-113. VARIATION BY AGREEMENT; COMMERCIAL PRACTICE.
(A) THE EFFECT OF ANY PROVISION OF THIS TITLE, INCLUDING AN
ALLOCATION OF RISK OR IMPOSITION OF A BURDEN, MAY BE VARIED BY AGREEMENT
OF THE PARTIES. HOWEVER, THE FOLLOWING RULES APPLY:
(1) OBLIGATIONS OF GOOD FAITH, DILIGENCE, REASONABLENESS, AND
CARE IMPOSED BY THIS TITLE MAY NOT BE DISCLAIMED BY AGREEMENT, BUT THE
PARTIES BY AGREEMENT MAY DETERMINE THE STANDARDS BY WHICH THE
PERFORMANCE OF THE OBLIGATION IS TO BE MEASURED IF THE STANDARDS ARE
NOT MANIFESTLY UNREASONABLE.
(2) THE LIMITATIONS ON ENFORCEABILITY IMPOSED BY
UNCONSCIONABILITY UNDER § 21-111 OF THIS SUBTITLE AND FUNDAMENTAL
PUBLIC POLICY UNDER § 21-105(B) OF THIS SUBTITLE MAY NOT BE VARIED BY
AGREEMENT.
(3) LIMITATIONS ON ENFORCEABILITY OF, OR AGREEMENT TO, A
CONTRACT, TERM, OR RIGHT EXPRESSLY STATED IN THE SECTIONS OF THIS TITLE
LISTED IN THE FOLLOWING SUBPARAGRAPHS MAY NOT BE VARIED BY AGREEMENT
EXCEPT TO THE EXTENT PROVIDED IN EACH SECTION:
(A) THE LIMITATIONS ON AGREED CHOICE OF LAW IN § 21-109(A);
(B) THE LIMITATIONS ON AGREED CHOICE OF FORUM IN § 21-110;
(C) THE REQUIREMENTS FOR MANIFESTING ASSENT AND
OPPORTUNITY FOR REVIEW IN § 21-112;
(D) THE LIMITATIONS ON ENFORCEABILITY IN § 21-201;
(E) THE LIMITATIONS ON A MASS-MARKET LICENSE IN $ 21-209;
(F) THE CONSUMER DEFENSE ARISING FROM AN ELECTRONIC
ERROR IN § 21-214;
(G) THE REQUIREMENTS FOR AN ENFORCEABLE TERM IN §§
21-303(B), 21-307(G), 21-406(B) AND (C), AND 21-804(A);
(H) THE LIMITATIONS ON A FINANCIER IN §§ 21-507 THROUGH
21-511;
(I) THE RESTRICTIONS ON ALTERING THE PERIOD OF
LIMITATIONS IN § 21-805(A) AND (B); AND
(J) THE LIMITATIONS ON SELF-HELP REPOSSESSION IN §§
21-815(B) AND 21-816.
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- 3658 -
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