§476-30  Territorial application.  (a) 
Except as otherwise provided in this section, this chapter applies to a credit
sale entered into in this State.  For the purposes of this chapter a credit
sale is entered into in this State if:



(1)  The contract does not provide for purchases to be
made from time to time, and either a signed writing evidencing the obligation
or offer of the buyer is received by the seller in this State, or the seller
induces the buyer who is a resident of this State to enter into the transaction
by face-to-face solicitation in this State; or



(2)  The contract does provide for purchases to be
made from time to time, and either the buyer's communication or indication of
intention to enter into the contract is received by the seller in this State
or, if no communication or indication of intention is given by the buyer before
the first transaction, the seller's communication notifying the buyer of the
privilege of making purchases is mailed in this State.



(b)  A credit sale to which this chapter does
not apply entered into with a buyer who is a resident of this State at the time
of the credit sale is valid and enforceable in this State to the extent that it
is valid and enforceable under the laws of another jurisdiction, but:



(1)  A seller may not collect through actions or other
proceedings in this State a finance charge exceeding the total amount permitted
if section 476-28 were applicable; and



(2)  A creditor may not enforce rights against the
consumer in this State with respect to the provisions of agreements that
violate section 476-5, 476-9, or 476-14 to 476-19.



(c)  Except as provided in subsection (b), a
credit sale entered into in another jurisdiction is valid and enforceable in
this State according to its terms either to the extent that it is valid and
enforceable under the laws of the other jurisdiction or to the extent that it
is valid and enforceable under the laws of this State if the contract provides
that it shall be governed by the laws of this State.



(d)  For the purposes of this chapter, the
residence of a buyer is the address given by the buyer as the buyer's residence
in the contract signed by the buyer until the buyer notifies the seller of a
different address as the buyer's residence, and is then the different address.



(e)  Notwithstanding other provisions of this
section:



(1)  This chapter does not apply if the buyer is not a
resident of this State at the time of a credit sale and the buyer and seller
have agreed that the law of the buyer's residence applies; and



(2)  This chapter applies if the buyer is a resident
of this State at the time of a credit sale and the parties have agreed that the
law of the buyer's residence applies.



(f)  Each of the following agreements or
provisions of an agreement by a buyer who is a resident of this State at the
time of a credit sale is invalid with respect to the transaction:



(1)  That the law of another jurisdiction apply;



(2)  That the buyer consents to be subject to the
process of another jurisdiction;



(3)  That the buyer appoints an agent to receive
service of process;



(4)  That fixes venue; and



(5)  That the buyer consents to the jurisdiction of a
court that does not otherwise have jurisdiction. [L 1984, c 86, pt of §1]