§490:2-719 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 Act.
(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. [L 1965, c 208, §2-719; HRS §490:2-719]
Case Notes
Limited remedies have been held to fail when defects were latent or when the party required to provide the remedy, causes it to fail. 56 H. 466, 540 P.2d 978.
Manufacturer of pacemaker failed to rebut this section's presumption of unconscionability. 74 H. 1, 837 P.2d 1273.
Section: Previous 490-2-712 490-2-713 490-2-714 490-2-715 490-2-716 490-2-717 490-2-718 490-2-719 490-2-720 490-2-721 490-2-722 490-2-723 490-2-724 490-2-725 490-2a-101 NextLast modified: October 27, 2016