§ 25-2-719. Contractual modification or limitation of remedy. - North Carolina Statutes

§25‑2‑719.  Contractual modification or limitation of remedy.

(1)        Subject to theprovisions of subsections (2) and (3) of this section and of the precedingsection [G.S. 25‑2‑718] on liquidation and limitation of damages,

(a)        the agreement mayprovide for remedies in addition to or in substitution for those provided inthis article and may limit or alter the measure of damages recoverable underthis article, as by limiting the buyer's remedies to return of the goods andrepayment of the price or to repair and replacement of nonconforming goods orparts; and

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

(2)        Where circumstancescause an exclusive or limited remedy to fail of its essential purpose, remedymay be had as provided in this chapter.

(3)        Consequentialdamages may be limited or excluded unless the limitation or exclusion isunconscionable. Limitation of consequential damages for injury to the person inthe case of consumer goods is prima facie unconscionable but limitation ofdamages where the loss is commercial is not. (1965, c. 700, s. 1.)