The Vermont Statutes Online
Uniform Commercial Code
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 damage:,
agreement may provide for remedies in addition to or in substitution for those
provided in this article and may limit or alter the measure of damages
recoverable under this article, as by limiting the buyer's remedies to return
of the goods and repayment of the price or to repair and replacement of
non-conforming 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.
circumstances cause an exclusive or limited remedy to fail of its essential
purpose, remedy may be had as provided in this title.
Consequential damages may be limited unless the limitation is unconscionable.
Limitation of consequential damages for injury to the person in the case of
consumer goods or dangerous instrumentalities is prima facie unconscionable but
limitation of damages where the loss is commercial is not.