2006 New York Code - Contractual Modification Or Limitation Of Remedy.

 
  Section 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 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 non-conforming 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 Act.
    (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.