Sec. 42a-2-719. Contractual modification or limitation of remedy.
Sec. 42a-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 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 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 this title.
(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.
(1959, P.A. 133, S. 2-719.)
Cited. 172 C. 112. Cited. 209 C. 163.
Cited. 33 CA 575. Cited. 40 CA 268.
Subsec. (1):
Cited. 29 CA 865.
Subsec. (2):
Cited. 203 C. 342. Cited. 218 C. 297.