554.2719 Contractual modification or limitation of remedy. 1. Subject to the provisions of subsections 2 and 3 of this section and of section 554.2718 on liquidation and limitation of damages, a. the agreement may provide for remedies in addition to or in substitution for those provided in this Article and may limit or alter the measure of damages recoverable underthis Article, as by limiting the buyer’s remedies to return of the goods and repayment of theprice 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 this chapter. 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 caseof consumer goods is prima facie unconscionable but limitation of damages where the loss iscommercial is not. [C66, 71, 73, 75, 77, 79, 81, §554.2719]2008 Acts, ch 1032, §79Referred to in §554.2316, 554.2601 mer goods is prima facie unconscionable but limitation of damages where the loss iscommercial is not. [C66, 71, 73, 75, 77, 79, 81, §554.2719]2008 Acts, ch 1032, §79Referred to in §554.2316, 554.2601 Sat Dec 23 01:52:57 2023 Iowa Code 2024, Section 554.2719 (25, 0)
Iowa Legal Code