§6A-2-719  Contractual modification or limitation of remedy. –

Published: 2015

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Uniform Commercial Code



PART 6A-2-701


SECTION 6A-2-719

   § 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.)

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