Uniform Commercial Code
§ 6A-2-719 Contractual modification or
limitation of remedy.
(1) Subject to the provisions of subsections (2) and (3) of this section and of
the preceding section on liquidation and limitation of damages,
(a) The agreement may provide for remedies in addition to or
in substitution for those provided in this chapter and may limit or alter the
measure of damages recoverable under this chapter, as by limiting the buyer's
remedies to return of the goods and repayment of the price or to repair and
replacement of nonconforming goods or parts; and
(b) Resort to a remedy as provided is optional unless the
remedy is expressly agreed to be exclusive, in which case it is the sole remedy.
(2) Where circumstances cause an exclusive or limited remedy
to fail of its essential purpose, remedy may be had as provided in title 6A.
(3) Consequential damages may be limited or excluded unless
the limitation or exclusion is unconscionable. Limitation of consequential
damages for injury to the person in the case of consumer goods is prima facie
unconscionable but limitation of damages where the loss is commercial is not.
History of Section.
(P.L. 1960, ch. 147, § 1.)