SECTION 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 § 59.1-501.11 (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 § 59.1-501.11 (a);

(B) the limitations on agreed choice of forum in § 59.1-501.11 ;

(C) the requirements for manifesting assent in § 59.1-501.11 and opportunity for review in § 59.1-501.11 ;

(D) the limitations on enforceability in § 59.1-501.11 ;

(E) the limitations on a mass-market license in § 59.1-501.11 ;

(F) the consumer defense arising from an electronic error in § 59.1-501.11 ;

(G) the requirements for an enforceable term in §§ 59.1-501.11 (b), 59.1-501.11 (f), 59.1-501.11 (b) and (c), and 59.1-501.11 (a);

(H) the requirements of § 59.1-501.11 (b) (2);

(I) the limitations on a financier in §§ 59.1-501.11 through 59.1-501.11 ;

(J) the restrictions on altering the period of limitations in § 59.1-501.11 (a) and (b); and

(K) the limitations on self-help repossession in §§ 59.1-501.11 (b) and 59.1-501.11 .

2004, c. 59.1-501.11 .