8.2-719 - Contractual modification or limitation of remedy. - Virginia Statutes

§ 8.2-719. Contractual modification or limitation of remedy.

(1) Subject to the provisions of subsections (2) and (3) of this section andof the preceding section [§ 8.2-718] on liquidation and limitation of damages,

(a) the agreement may provide for remedies in addition to or in substitutionfor those provided in this title and may limit or alter the measure ofdamages recoverable under this title, as by limiting the buyer's remedies toreturn of the goods and repayment of the price or to repair and replacementof nonconforming goods or parts; and

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

(2) Where circumstances cause an exclusive or limited remedy to fail of itsessential purpose, remedy may be had as provided in this act.

(3) Consequential damages may be limited or excluded unless the limitation orexclusion is unconscionable. Limitation of consequential damages for injuryto the person in the case of consumer goods is prima facie unconscionable butlimitation of damages where the loss is commercial is not.

(1964, c. 219.)