§ 4-2-719 — Contractual modification or limitation of remedy

(1) Subject to
the provisions of subsections (2) and (3) of this section and of section 4-2-718 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 under this article, 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 this title.

(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.

Legislative History

Source: L. 65: p. 1342, � 1. C.R.S. 1963: � 155-2-719.