Colorado Code
Part 7 - Remedies
§ 4-2-719. Contractual Modification or Limitation of Remedy

Source: L. 65: p. 1342, § 1. C.R.S. 1963: § 155-2-719.
Prior Uniform Statutory Provision: None.
Purposes:

However, it is of the very essence of a sales contract that at least minimum adequate remedies be available. If the parties intend to conclude a contract for sale within this Article they must accept the legal consequence that there be at least a fair quantum of remedy for breach of the obligations or duties outlined in the contract. Thus any clause purporting to modify or limit the remedial provisions of this Article in an unconscionable manner is subject to deletion and in that event the remedies made available by this Article are applicable as if the stricken clause had never existed. Similarly, under subsection (2), where an apparently fair and reasonable clause because of circumstances fails in its purpose or operates to deprive either party of the substantial value of the bargain, it must give way to the general remedy provisions of this Article.
Cross References:
Point 1: Section 4-2-302.
Point 3: Section 4-2-316.
Definitional Cross References:
"Agreement". Section 4-1-201.
"Buyer". Section 4-2-103.
"Conforming". Section 4-2-106.
"Contract". Section 4-1-201.
"Goods". Section 4-2-105.
"Remedy". Section 4-1-201.
"Seller". Section 4-2-103.