Virginia Code Title 59.1. Trade and Commerce § 59.1-501.6. Rule of construction

(a) This chapter must be liberally construed and applied to promote its underlying purposes and policies to:

(b) Except as otherwise provided in § 59.1-501.15, the use of mandatory language or the absence of a phrase such as “unless otherwise agreed” in a provision of this chapter does not preclude the parties from varying the effect of the provision by agreement.

(c) The fact that a provision of this chapter imposes a condition for a result does not by itself mean that the absence of that condition yields a different result.

(d) To be enforceable, a term need not be conspicuous, negotiated, or expressly assented or agreed to, unless this chapter expressly so requires.