Title 11, Chapter 2, Section 719
( 11-2-719)
Contractual modification or limitation of remedy. (1) Subject to the provisions of subsections (2) and (3) of this Code section and of Code Section 11-2-718 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. |