SECTION 672.719. Contractual modification or limitation of remedy.

Latest version.

1(1) 2Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages:
25(a) 26The 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
84(b) 85Resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.
110(2) 111Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this code.
134(3) 135Consequential 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.

History.-s. 1, ch. 65-254.

Note

Note.-s. 2-719, U.C.C.

Bills Cite this Section:

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Cited by Court Cases:

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