Advanced Computer Sales appeals from a jury verdict and judgment awarding $5,752.44 to James Sizemore d/b/a Sizemore Bros. Plumbing & Heating Contractors based on Sizemore's revocation of its purchase of computer hardware and software and suit for damages. Held:

1. Appellant contends it was entitled to a directed verdict, and the jury verdict was unsupported, on the basis of an express disclaimer of any warranty, express or implied, in the "Equipment Lease" entered into by the parties. Furthermore, appellant contends the contract was a lease agreement and not a contract of sale, and therefore was not subject to remedy by revocation.

The jury was authorized to find the equipment and service recommended and designed to conform to Sizemore's business requirement, did not conform and was unfit for the purpose intended. Therefore, under OCGA 11-2-608 Sizemore could revoke his acceptance of the products sold. There is an express waiver of warranties in this contract, but OCGA 11-2-608 is an available remedy even where the seller has attempted to limit its warranties. Esquire Mobile Homes v. Arrendale, 182 Ga. App. 528, 529 (356 SE2d 250). Where circumstances cause an exclusive or limited remedy to fail of its purpose, remedy may be had as provided in the commercial code. If the seller attempts to deprive the buyer of the substantial value of the bargain by including a contract clause excluding all express or implied warranties, the general remedy provisions of the Uniform Commercial Code take effect. Freeman v. Hubco Leasing, 253 Ga. 698, 705 (324 SE2d 462); Esquire Mobile Homes, supra. It is not necessary to call the warranty exclusion unconscionable and of no effect; it is necessary only to say the commercial code provides a general remedy besides any warranty, and an attempt to modify or limit this statutory remedy will be held ineffective to remove the statutory remedy. Id. pp. 529-530. The fact that a buyer may have a remedy against the manufacturer (see Petroziello, supra, involving a true lease) does not affect this remedy which is by law given against the seller. Cf. Esquire Mobile Homes, supra, pp. 528 (2), 530.

Since the jury was authorized to find this transaction a sale which was properly revoked for nonconformance, the verdict was authorized and a directed verdict for seller was properly denied.

2. It follows from what we just said that the trial court did not err in charging the jury on the subject of revocation of acceptance.

3. The appellant has not shown the award of damages was outside the evidence.