§ 6A-2-719 - Contractual modification or limitation of remedy. - Rhode-island Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-2 > 6a-2-719

SECTION 6A-2-719

§ 6A-2-719 Contractual modification orlimitation of remedy. – (1) Subject to the provisions of subsections (2) and (3) of this section and ofthe preceding section on liquidation and limitation of damages,

(a) The agreement may provide for remedies in addition to orin substitution for those provided in this chapter and may limit or alter themeasure of damages recoverable under this chapter, as by limiting the buyer'sremedies to return of the goods and repayment of the price or to repair andreplacement of nonconforming goods or parts; and

(b) Resort to a remedy as provided is optional unless theremedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(2) Where circumstances cause an exclusive or limited remedyto fail of its essential purpose, remedy may be had as provided in title 6A.

(3) Consequential damages may be limited or excluded unlessthe limitation or exclusion is unconscionable. Limitation of consequentialdamages for injury to the person in the case of consumer goods is prima facieunconscionable but limitation of damages where the loss is commercial is not.

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-2 > 6a-2-719

SECTION 6A-2-719

§ 6A-2-719 Contractual modification orlimitation of remedy. – (1) Subject to the provisions of subsections (2) and (3) of this section and ofthe preceding section on liquidation and limitation of damages,

(a) The agreement may provide for remedies in addition to orin substitution for those provided in this chapter and may limit or alter themeasure of damages recoverable under this chapter, as by limiting the buyer'sremedies to return of the goods and repayment of the price or to repair andreplacement of nonconforming goods or parts; and

(b) Resort to a remedy as provided is optional unless theremedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(2) Where circumstances cause an exclusive or limited remedyto fail of its essential purpose, remedy may be had as provided in title 6A.

(3) Consequential damages may be limited or excluded unlessthe limitation or exclusion is unconscionable. Limitation of consequentialdamages for injury to the person in the case of consumer goods is prima facieunconscionable but limitation of damages where the loss is commercial is not.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Rhode-island > Title-6a > Chapter-6a-2 > 6a-2-719

SECTION 6A-2-719

§ 6A-2-719 Contractual modification orlimitation of remedy. – (1) Subject to the provisions of subsections (2) and (3) of this section and ofthe preceding section on liquidation and limitation of damages,

(a) The agreement may provide for remedies in addition to orin substitution for those provided in this chapter and may limit or alter themeasure of damages recoverable under this chapter, as by limiting the buyer'sremedies to return of the goods and repayment of the price or to repair andreplacement of nonconforming goods or parts; and

(b) Resort to a remedy as provided is optional unless theremedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(2) Where circumstances cause an exclusive or limited remedyto fail of its essential purpose, remedy may be had as provided in title 6A.

(3) Consequential damages may be limited or excluded unlessthe limitation or exclusion is unconscionable. Limitation of consequentialdamages for injury to the person in the case of consumer goods is prima facieunconscionable but limitation of damages where the loss is commercial is not.