Section 45.01.302. Variation by agreement.

   (a) Except as otherwise provided in (b) of this section or elsewhere in the code, the effect of provisions of the code may be varied by agreement.
   (b) The obligations of good faith, diligence, reasonableness, and care prescribed by the 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 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 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.

Authorities

45.05.103;45.12.518;45.12.519;45.12.527;45.12.528;45.14.204

Notes

References

AS 45.05.103 Scope.
AS 45.12.518 Cover; substitute goods.
AS 45.12.519 Lessee's damages for nondelivery, repudiation, default, and breach of warranty in regard to accepted goods.
AS 45.12.527 Lessor's rights to dispose of goods.
AS 45.12.528 Lessor's damages for nonacceptance, failure to pay, repudiation, or other default.
AS 45.14.204 Refund of payment and duty of customer to report with respect to unauthorized payment order.

History

(Sec. 9 ch 44 SLA 2009)