{"data":{"id":"us-ky/krs-355.2-719","jurisdiction":"us-ky","citation":"KRS 355.2-719","heading":"Contractual modification or limitation of remedy.","body":"(1) Subject to the provisions of subsections (2) and (3) of this section and of KRS\n355.2-718 on liquidation and limitation of damages,\n(a) the agreement may provide for remedies in addition to or in substitution for\nthose provided in this article and may limi t or alter the measure of damages\nrecoverable under this article, as by limiting the buyer's remedies to return of\nthe goods and repayment of the price or to repair and replacement of\nnonconforming goods or parts; and\n(b) resort to a remedy as provided is optional unless the remedy is expressly\nagreed to be exclusive, in which case it is the sole remedy.\n(2) Where circumstances cause an exclusive or limited remedy to fail of its essential\npurpose, remedy may be had as provided in this chapter.\n(3) Consequential damages may be limited or excluded unless the limitation or\nexclusion is unconscionable. Limitation of consequential damages for injury to the\nperson in the case of consumer goods is prima facie unconscionable but limitation\nof damages where the loss is commercial is not.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33341","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:42Z","sha256":"7f85eea916c059e2fc34254932cea013fd6eac6918b6d74d02c68e88d2d31775","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.2-718","next":"us-ky/krs-355.2-720"},"notice":"GroundRules: Original legal text. Not legal advice."}