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.
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