§ 6A-2-719. Contractual modification or limitation of remedy.
(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,
(a) 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
(b) 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.
(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in title 6A.
(3) 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 of Section.P.L. 1960, ch. 147, § 1.
Structure Rhode Island General Laws
Title 6A - Uniform Commercial Code
Section 6A-2-701. - Remedies for breach of collateral contracts not impaired.
Section 6A-2-702. - Seller’s remedies on discovery of buyer’s insolvency.
Section 6A-2-703. - Seller’s remedies in general.
Section 6A-2-705. - Seller’s stoppage of delivery in transit or otherwise.
Section 6A-2-706. - Seller’s resale including contract for resale.
Section 6A-2-707. - “Person in the position of a seller.”
Section 6A-2-708. - Seller’s damages for nonacceptance or repudiation.
Section 6A-2-709. - Action for the price.
Section 6A-2-710. - Seller’s incidental damages.
Section 6A-2-711. - Buyer’s remedies in general — Buyer’s security interest in rejected goods.
Section 6A-2-712. - “Cover” — Buyer’s procurement of substitute goods.
Section 6A-2-713. - Buyer’s damages for nondelivery or repudiation.
Section 6A-2-714. - Buyer’s damages for breach in regard to accepted goods.
Section 6A-2-715. - Buyer’s incidental and consequential damages.
Section 6A-2-716. - Buyer’s right to specific performance or replevin.
Section 6A-2-717. - Deduction of damages from the price.
Section 6A-2-718. - Liquidation or limitation of damages — Deposits.
Section 6A-2-719. - Contractual modification or limitation of remedy.
Section 6A-2-720. - Effect of “cancellation” or “rescission” on claims for antecedent breach.
Section 6A-2-721. - Remedies for fraud.
Section 6A-2-722. - Who can sue third parties for injury to goods.
Section 6A-2-723. - Proof of market price — Time and place.
Section 6A-2-724. - Admissibility of market quotations.
Section 6A-2-725. - Statute of limitations — Contracts for sale — Breach of warranty.