2011 Code of Virginia
Title 59.1 TRADE AND COMMERCE.
Chapter 43 Uniform Computer Information Transactions Act (59.1-501.1 thru 59.1-509.2)
59.1-501.15 Variation by agreement; commercial practice

59.1-501.15. Variation by agreement; commercial practice.

(a) The effect of any provision of this chapter, including an allocation of risk or imposition of a burden, may be varied by agreement of the parties.

(b) The following rules are not variable by agreement:

(1) Obligations of good faith, diligence, reasonableness, and care imposed by this chapter 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 59.1-501.11 and fundamental public policy under 59.1-501.5 (b) may not be varied by agreement; and

(3) Limitations on enforceability of, or agreement to, a contract, term, or right expressly stated in the sections listed in the following subsections may not be varied by agreement except to the extent provided in each section:

(A) the limitations on agreed choice of law in 59.1-501.9 (a);

(B) the limitations on agreed choice of forum in 59.1-501.10;

(C) the requirements for manifesting assent in 59.1-501.12 and opportunity for review in 59.1-501.13:1;

(D) the limitations on enforceability in 59.1-502.1;

(E) the limitations on a mass-market license in 59.1-502.9;

(F) the consumer defense arising from an electronic error in 59.1-502.14;

(G) the requirements for an enforceable term in 59.1-503.3 (b), 59.1-503.7 (f), 59.1-504.6 (b) and (c), and 59.1-508.4 (a);

(H) the requirements of 59.1-503.4 (b) (2);

(I) the limitations on a financier in 59.1-505.7 through 59.1-505.11;

(J) the restrictions on altering the period of limitations in 59.1-508.5 (a) and (b); and

(K) the limitations on self-help repossession in 59.1-508.15 (b) and 59.1-508.16.

(2004, c. 794.)