7-16a-203. Contractual waiver of Uniform Commercial Code provisions.
(1) Subject to Subsectionsand, if the application of, is inconsistent with the operation of an automated teller machine, a point-of-sale terminal, or both, the requirements of, may be varied by contractual agreement of any: (1)(b) (2) Title 70A, Uniform Commercial Code Title 70A, Uniform Commercial Code depository institution; switching facility; or clearinghouse as defined by Section. 70A-4-104 A contractual agreement under Subsectionmay not disclaim responsibility for or limit the measure of damages for a depository institution's, switching facility's, or clearing house's: (1)(a) lack of good faith; or failure to exercise ordinary care.
(2) Notwithstanding Subsection, the commissioner may, after notice and hearing, require rescission or modification of any provision of a contractual agreement permitted by Subsectionif: (1)(a) (1)(a) that provision relates to the rights and obligations of: account holders of depository institutions; merchants; merchant customers; or others using or having access to automated teller machines, point-of-sale terminals, or both; and the commissioner finds the provision is unconscionable or contrary to the public interest.