47-2719. Contractual modification or limitation of remedy
A. Subject to the provisions of subsections B and C of this section and of section 47-2718 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 non-conforming 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. Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title.
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 47-2712 47-2713 47-2714 47-2715 47-2716 47-2717 47-2718 47-2719 47-2720 47-2721 47-2722 47-2723 47-2724 47-2725 47-2a101 NextLast modified: October 13, 2016