(a) Subject to (b) and (c) of this section and AS 45.02.718 on liquidation and limitation of damages,
(1) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, 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
(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) If circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in the code.
(c) 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.
Section: Previous 45.02.712 45.02.713 45.02.714 45.02.715 45.02.716 45.02.717 45.02.718 45.02.719 45.02.720 45.02.721 45.02.722 45.02.723 45.02.724 45.02.725 NextLast modified: November 15, 2016