(1)  Nothing in this chapter is intended to restrict the right of a supplier to contractually require its wholesaler to comply with the supplier’s operational standards of performance that are:

Terms Used In Utah Code 32B-14-103

(a)  consistent with this chapter; and

(b)  uniformly established for its wholesalers according to the supplier’s good faith business judgment.

(2)  Notwithstanding Subsection (1), the requirements of this chapter may not be modified by agreement.

(3)  An agreement that by its terms modifies the requirements of this chapter is void and unenforceable to the extent it attempts to modify the requirements of this chapter.

Enacted by Chapter 276, 2010 General Session