400.2-719. Contractual modification or limitation of remedy. - Missouri Statutes

Contractual modification or limitation of remedy.

400.2-719. (1) Subject to the provisions of subsections (2)and (3) of this section and of section 400.2-718 on liquidationand limitation of damages,

(a) the agreement may provide for remedies in addition to orin substitution for those provided in this article and may limitor alter the measure of damages recoverable under this article,as by limiting the buyer's remedies to return of the goods andrepayment of the price or to repair and replacement ofnonconforming 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 isthe sole remedy.

(2) Where circumstances cause an exclusive or limited remedyto fail of its essential purpose, remedy may be had as providedin this chapter.

(3) Consequential damages may be limited or excluded unlessthe limitation or exclusion is unconscionable. Limitation ofconsequential damages for injury to the person in the case ofconsumer goods is prima facie unconscionable but limitation ofdamages where the loss is commercial is not.

(L. 1963 p. 503 § 2-719)