(1) Except as otherwise provided in this chapter, the lease agreement may include rights and remedies for default 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.
(2) Resort to a remedy provided under this chapter or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this chapter.
(3) Consequential damages may be liquidated under s. 680.504, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration, or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation, alteration, or exclusion of damages where the loss is commercial is not prima facie unconscionable.
(4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this chapter.
History.—s. 1, ch. 90-278; s. 34, ch. 98-11.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 680 - Uniform Commercial Code: Leases
Part V - Default (Ss. 680.501-680.532)
680.502 - Notice after default.
680.503 - Modification or impairment of rights and remedies.
680.504 - Liquidation of damages.
680.506 - Statute of limitation.
680.507 - Proof of market rent; time and place.
680.509 - Lessee’s rights on improper delivery; rightful rejection.
680.51 - Installment lease contracts: rejection and default.
680.511 - Merchant lessee’s duties as to rightfully rejected goods.
680.512 - Lessee’s duties as to rightfully rejected goods.
680.513 - Cure by lessor of improper tender or delivery; replacement.
680.514 - Waiver of lessee’s objections.
680.515 - Acceptance of goods.
680.517 - Revocation of acceptance of goods.
680.518 - Cover; substitute goods.
680.52 - Lessee’s incidental and consequential damages.
680.521 - Lessee’s right to specific performance or replevin.
680.522 - Lessee’s right to goods on lessor’s insolvency.
680.524 - Lessor’s right to identify goods to lease contract.
680.525 - Lessor’s right to possession of goods.
680.526 - Lessor’s stoppage of delivery in transit or otherwise.
680.527 - Lessor’s rights to dispose of goods.
680.528 - Lessor’s damages for nonacceptance or repudiation.
680.529 - Lessor’s action for the rent.
680.53 - Lessor’s incidental damages.
680.531 - Standing to sue third parties for injury to goods.