§2-719. Contractual modification or limitation of remedy

Link to law: http://legislature.vermont.gov/statutes/section/09A/002/00719
Published: 2015

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The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

002

:
Sales











 

§

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:,

(a) the

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.

(2) Where

circumstances cause an exclusive or limited remedy to fail of its essential

purpose, remedy may be had as provided in this title.

(3)

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.
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