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Chapter 336
Section 336.2-719
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This is an historical version of this statute chapter. Also view the most recent published version.
336.2-719 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 chapter.
(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.
History: 1965 c 811 s 336.2-719
(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 chapter.
(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.
History: 1965 c 811 s 336.2-719
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Revisor of Statutes