KRS 355.2-719: Contractual modification or limitation of remedy.

(1) Subject to the provisions of subsections (2) and (3) of this section and of KRS

355.2-718 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 limi t 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.