§ 2719. Contractual modification or limitation of remedy.
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§ 2719. Contractual modification or limitation of remedy.
(a)General rule.-- Subject to the provisions of subsections
(b)and
(c)and of section 2718 (relating to liquidation or limitation of damages; deposits):
(1)The agreement may provide for remedies in addition to or in substitution for those provided in this division and may limit or alter the measure of damages recoverable under this division, as by limiting the remedies of the buyer to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts.
(2)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.
(b)Exclusive remedy failing in purpose.-- Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title.
(c)Limitation of consequential damages.-- 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.
13c2719v
Cross References. Section 2719 is referred to in sections 2316, 2601 of this title.
13c2720s