§ 554.2719 — Contractual modification or limitation of remedy

Iowa § 554.2719

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 554: UNIFORM COMMERCIAL CODE

Text

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 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 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 case

of consumer goods is prima facie unconscionable but limitation of damages where the loss is
commercial is not.

Legislative History

[C66, 71, 73, 75, 77, 79, 81, §554.2719]