§ 34.1-2-719 — Contractual modification or limitations of remedy

(a) Subject to the provisions of subsections (b) and (c)
of this section and of the preceding section on liquidation and
limitation of damages:
(i) 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
(ii) 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.
(b) Where circumstances cause an exclusive or limited
remedy to fail of its essential purpose, remedy may be had as
provided in this act.
(c) 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.