§ 2A503. Modification or impairment of rights and remedies.
(a) Provisions in lease agreements.--Except as otherwise provided in this division, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this division and may limit or alter the measure of damages recoverable under this division.
(b) Specified remedy construed as optional.--Resort to a remedy provided under this division 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 division.
(c) Consequential damages.--Consequential damages may be liquidated under section 2A504 (relating to liquidation of damages), 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.
(d) Other rights and remedies unimpaired.--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 division.
Cross References. Section 2A503 is referred to in sections 2A518, 2A519, 2A527 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 2A501 - Default: procedure
Section 2A502 - Notice after default
Section 2A503 - Modification or impairment of rights and remedies
Section 2A504 - Liquidation of damages
Section 2A506 - Statute of limitations
Section 2A507 - Proof of market rent: time and place
Section 2A508 - Lessee's remedies
Section 2A509 - Lessee's rights on improper delivery; rightful rejection
Section 2A510 - Installment lease contracts: rejection and default
Section 2A511 - Merchant lessee's duties as to rightfully rejected goods
Section 2A512 - Lessee's duties as to rightfully rejected goods
Section 2A513 - Cure by lessor of improper tender or delivery; replacement
Section 2A514 - Waiver of lessee's objections
Section 2A515 - Acceptance of goods
Section 2A517 - Revocation of acceptance of goods
Section 2A518 - Cover; substitute goods
Section 2A520 - Lessee's incidental and consequential damages
Section 2A521 - Lessee's right to specific performance or replevin
Section 2A522 - Lessee's right to goods on lessor's insolvency
Section 2A523 - Lessor's remedies
Section 2A524 - Lessor's right to identify goods to lease contract
Section 2A525 - Lessor's right to possession of goods
Section 2A526 - Lessor's stoppage of delivery in transit or otherwise
Section 2A527 - Lessor's rights to dispose of goods
Section 2A528 - Lessor's damages for nonacceptance, failure to pay, repudiation or other default
Section 2A529 - Lessor's action for the rent
Section 2A530 - Lessor's incidental damages
Section 2A531 - Standing to sue third parties for injury to goods