28-1-302. VARIATION BY AGREEMENT. (a) Except as otherwise provided in subsection (b) of this section or elsewhere in the uniform commercial code, the effect of provisions of the uniform commercial code may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by the uniform commercial code may not be disclaimed by agreement. The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable. Whenever the uniform commercial code requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c) The presence in certain provisions of the uniform commercial code of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
History:
[28-1-302, added 2004, ch. 43, sec. 20, p. 149.]
Structure Idaho Code
Title 28 - COMMERCIAL TRANSACTIONS
Chapter 1 - UNIFORM COMMERCIAL CODE — GENERAL PROVISIONS
Part 3 - TERRITORIAL APPLICABILITY AND GENERAL RULES
Section 28-1-302 - VARIATION BY AGREEMENT.
Section 28-1-303 - COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE OF TRADE.
Section 28-1-304 - OBLIGATION OF GOOD FAITH.
Section 28-1-305 - REMEDIES TO BE LIBERALLY ADMINISTERED.
Section 28-1-306 - WAIVER OR RENUNCIATION OF CLAIM OR RIGHT AFTER BREACH.
Section 28-1-307 - PRIMA FACIE EVIDENCE BY THIRD PARTY DOCUMENTS.
Section 28-1-308 - PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS.