Arkansas Code
Part 7 - Remedies
§ 4-2-719. Contractual modification or limitation of remedy

(a) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,
(1) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, as by limiting the buyer's remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and
(2) resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(b) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this subtitle.
(c) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
History. Acts 1961, No. 185, § 2-719; A.S.A. 1947, § 85-2-719.

Structure Arkansas Code

Arkansas Code

Title 4 - Business and Commercial Law

Subtitle 1 - Uniform Commercial Code

Chapter 2 - Sales

Part 7 - Remedies

§ 4-2-701. Remedies for breach of collateral contracts not impaired

§ 4-2-702. Seller's remedies on discovery of buyer's insolvency

§ 4-2-703. Seller's remedies in general

§ 4-2-704. Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods

§ 4-2-705. Seller's stoppage of delivery in transit or otherwise

§ 4-2-706. Seller's resale including contract for resale

§ 4-2-707. “Person in the position of a seller.”

§ 4-2-708. Seller's damages for non-acceptance or repudiation

§ 4-2-709. Action for the price

§ 4-2-710. Seller's incidental damages

§ 4-2-711. Buyer's remedies in general — Buyer's security interest in rejected goods

§ 4-2-712. “Cover” — Buyer's procurement of substitute goods

§ 4-2-713. Buyer's damages for nondelivery or repudiation

§ 4-2-714. Buyer's damages for breach in regard to accepted goods

§ 4-2-715. Buyer's incidental and consequential damages

§ 4-2-716. Buyer's right to specific performance or replevin

§ 4-2-717. Deduction of damages from the price

§ 4-2-718. Liquidation or limitation of damages — Deposits

§ 4-2-719. Contractual modification or limitation of remedy

§ 4-2-720. Effect of “cancellation” or “rescission” on claims for antecedent breach

§ 4-2-721. Remedies for fraud

§ 4-2-722. Who can sue third parties for injury to goods

§ 4-2-723. Proof of market price — Time and place

§ 4-2-724. Admissibility of market quotations

§ 4-2-725. Statute of limitations in contracts for sale