(a) Except as otherwise provided in subsection (b) or elsewhere in this chapter, the effect of provisions of this chapter may be varied by agreement.
(b) The obligations of good faith, diligence, reasonableness, and care prescribed by this chapter 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 this chapter 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 this chapter 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.
Structure West Virginia Code
Chapter 46. Uniform Commercial Code
§46-1-104. Construction Against Implied Repeal
§46-1-106. Use of Singular and Plural; Gender
§46-1-108. Relation to Electronic Signatures in Global and National Commerce Act
§46-1-201. General Definitions
§46-1-203. Lease Distinguished From Security Interest
§46-1-205. Reasonable Time; Seasonableness
§46-1-301. Territorial Applicability; Parties' Power to Choose Applicable Law
§46-1-302. Variation by Agreement
§46-1-303. Course of Performance, Course of Dealing, and Usage of Trade
§46-1-304. Obligation of Good Faith
§46-1-305. Remedies to Be Liberally Administered
§46-1-306. Waiver or Renunciation of Claim or Right After Breach
§46-1-307. Prima Facie Evidence by Third-Party Documents
§46-1-308. Performance or Acceptance Under Reservation of Rights