§1-1302. Variation by agreement
(1). Except as otherwise provided in subsection (2) or elsewhere in the Uniform Commercial Code, the effect of provisions of the Uniform Commercial Code may be varied by agreement.
[PL 2009, c. 325, Pt. A, §2 (NEW); PL 2009, c. 325, Pt. A, §4 (AFF).]
(2). 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.
[PL 2009, c. 325, Pt. A, §2 (NEW); PL 2009, c. 325, Pt. A, §4 (AFF).]
(3). 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.
[PL 2009, c. 325, Pt. A, §2 (NEW); PL 2009, c. 325, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 2009, c. 325, Pt. A, §2 (NEW). PL 2009, c. 325, Pt. A, §4 (AFF).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Article 1-A: GENERAL PROVISIONS
Part 3: TERRITORIAL APPLICABILITY AND GENERAL RULES
11 §1-1301. Territorial applicability; parties' power to choose applicable law
11 §1-1302. Variation by agreement
11 §1-1303. Course of performance, course of dealing and usage of trade
11 §1-1304. Obligation of good faith
11 §1-1305. Remedies to be liberally administered
11 §1-1306. Waiver or renunciation of claim or right after breach
11 §1-1307. Prima facie evidence by 3rd-party documents
11 §1-1308. Performance or acceptance under reservation of rights