Guam § 32104 - Waivers: Public Policy.

§ 32104. Waivers: Public Policy.

(a) Any waiver by a consumer of the provisions of this

chapter, any warranty, or the provisions of any statute imposing a

duty or obligation upon another, is contrary to public policy and

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is unenforceable and void; provided, however, that a waiver not

related to a warranty or provision of law which imposes a duty or

obligation on another and which by statute cannot be waived is

valid and enforceable if the person claiming the benefit of the

waiver pleads and proves:

(1) The consumer was not in a significantly disparate

bargaining position; and

(2) The consumer was represented by legal counsel in

seeking or acquiring goods or services, other than the

purchase or lease for a consideration paid or to be paid that

exceeds One Million Dollars ($1,000,000); and

(3) Prior to paying any consideration whatsoever, the

consumer waived all or part of this chapter by an express

provision in a written contract signed by both the consumer

and the consumer’s attorney or the Attorney General;

provided, however, that a business consumer with net assets

of Five Million Dollars ($5,000,000) or more according to

the most recent financial statement of the business consumer

prepared in accordance with generally accepted accounting

principles that has knowledge and experience in financial and

business matters that enable it to evaluate the merits and risks

of a transaction and that it is not in a significantly disparate

bargaining position may by written contract prior to payment

of any consideration waive the provisions of this chapter

without signature of an attorney or the Attorney General.

(4) Any waiver of any express warranty, implied

warranty, warranty imposed by statute, common law, or

operation of law, or similar provision of law set by statute for

the protection of a consumer is subject to the provisions of

this chapter.

(5) If any statute provides that a warranty or other

provision of law may not be waived, then notwithstanding

the provisions of this section the warranty or provision of law

may not be waived.

(b) The existence or absence of a disparate bargaining

position may not be established as a matter of law solely by

evidence of the consumer’s financial position relative to other

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parties to the contract or by matters contained in a written contract

relating to the relative bargaining position of the parties.

(c) An agreement to arbitrate constitutes an important waiver

of the right of access to the courts. Therefore, as to any agreement

to arbitrate executed after the effective date of this chapter, the

agreement to arbitrate any matter arising out of the sale of goods

or services for any amount of consideration, or any matter or

contingency arising therefrom, shall be treated as a waiver of

rights under this chapter, is not binding on any consumer unless

there is full compliance both with this section and with this

chapter, each party is represented by an attorney, and the

agreement to arbitrate is signed by the attorneys representing each

of the parties.