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This entry was published on 2014-09-22
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Contractual Modification or Limitation of Remedy
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 2, PART 7
Section 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

(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 Act.

(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.