Section 400.5-103

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1997   

  400.5-103.  Scope. — (a)  This article applies to letters of credit and to certain rights and obligations arising out of transactions involving letters of credit.

  (b)  The statement of a rule in this Article does not by itself require, imply or negate application of the same or a different rule to a situation not provided for, or to a person not specified, in this Article.

  (c)  With the exception of this subsection, subsections (a) and (d), sections 400.5-102(a)(9) and (10), 400.5-106(d) and 400.5-114(d), and except to the extent prohibited in sections 400.1-102(3) and 400.5-117(d), the effect of this Article may be varied by agreement or by a provision stated or incorporated by reference in an undertaking.  A term in an agreement or undertaking generally excusing liability or generally limiting remedies for failure to perform obligations is not sufficient to vary obligations prescribed by this article.

  (d)  Rights and obligations of an issuer to a beneficiary or a nominated person under a letter of credit are independent of the existence, performance or nonperformance of a contract or arrangement out of which the letter of credit arises or which underlies it, including contracts or arrangements between the issuer and the applicant and between the applicant and the beneficiary.

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(L. 1963 p. 503 § 5-103, A.L. 1997 S.B. 6)