2010 Pennsylvania Code
Title 13 - COMMERCIAL CODE
Chapter 27 - Remedies
2719 - Contractual modification or limitation of remedy.

     § 2719.  Contractual modification or limitation of remedy.
        (a)  General rule.--Subject to the provisions of subsections
     (b) and (c) and of section 2718 (relating to liquidation or
     limitation of damages; deposits):
            (1)  The agreement may provide for remedies in addition
        to or in substitution for those provided in this division and
        may limit or alter the measure of damages recoverable under
        this division, as by limiting the remedies of the buyer to
        return of the goods and repayment of the price or to repair
        and replacement of nonconforming goods or parts.
            (2)  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)  Exclusive remedy failing in purpose.--Where
     circumstances cause an exclusive or limited remedy to fail of
     its essential purpose, remedy may be had as provided in this
     title.
        (c)  Limitation of consequential damages.--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.

        Cross References.  Section 2719 is referred to in sections
     2316, 2601 of this title.