§2-1503. Modification or impairment of rights and remedies
(1). Except as otherwise provided in this Article, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this Article and may limit or alter the measure of damages recoverable under this Article.
[PL 1991, c. 805, §4 (NEW).]
(2). Resort to a remedy provided under this Article 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 Article.
[PL 1991, c. 805, §4 (NEW).]
(3). Consequential damages may be liquidated under section 2-1504, 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.
[PL 1991, c. 805, §4 (NEW).]
(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 Article.
[PL 1991, c. 805, §4 (NEW).]
SECTION HISTORY
PL 1991, c. 805, §4 (NEW).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
11 §2-1501. Default; procedure
11 §2-1502. Notice after default
11 §2-1503. Modification or impairment of rights and remedies
11 §2-1504. Liquidation of damages
11 §2-1506. Statute of limitations
11 §2-1507. Proof of market rent; time and place
11 §2-1509. Lessee's rights on improper delivery; rightful rejection
11 §2-1510. Installment lease contracts; rejection and default
11 §2-1511. Merchant lessee's duties as to rightfully rejected goods
11 §2-1512. Lessee's duties as to rightfully rejected goods
11 §2-1513. Cure by lessor of improper tender or delivery; replacement
11 §2-1514. Waiver of lessee's objections
11 §2-1515. Acceptance of goods
11 §2-1517. Revocation of acceptance of goods
11 §2-1518. Cover; substitute goods
11 §2-1520. Lessee's incidental and consequential damages
11 §2-1521. Lessee's right to specific performance or replevin
11 §2-1522. Lessee's right to goods on lessor's insolvency
11 §2-1524. Lessor's right to identify goods to lease contract
11 §2-1525. Lessor's right to possession of goods
11 §2-1526. Lessor's stoppage of delivery in transit or otherwise
11 §2-1527. Lessor's rights to dispose of goods
11 §2-1528. Lessor's damages for nonacceptance, failure to pay, repudiation or other default
11 §2-1529. Lessor's action for the rent
11 §2-1530. Lessor's incidental damages
11 §2-1531. Standing to sue third parties for injury to goods