70A-2-719 - Contractual modification or limitation of remedy. - Utah Statutes

70A-2-719. Contractual modification or limitation of remedy.

(1) Subject to the provisions of Subsections (2) and (3) of this section and of thepreceding section on liquidation and limitation of damages,
(a) the agreement may provide for remedies in addition to or in substitution for thoseprovided in this chapter and may limit or alter the measure of damages recoverable under thischapter, as by limiting the buyer's remedies to return of the goods and repayment of the price orto 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 beexclusive, in which case it is the sole remedy.
(2) Where circumstances cause an exclusive or limited remedy to fail of its essentialpurpose, remedy may be had as provided in this act.
(3) Consequential damages may be limited or excluded unless the limitation or exclusionis unconscionable. Limitation of consequential damages for injury to the person in the case ofconsumer goods is prima facie unconscionable but limitation of damages where the loss iscommercial is not.

Enacted by Chapter 154, 1965 General Session