§ 6A-2.1-503 - Modification or impairment of rights and remedies.
SECTION 6A-2.1-503
§ 6A-2.1-503 Modification or impairment ofrights and remedies. – (1) Except as otherwise provided in this chapter, the lease agreement mayinclude rights and remedies for default in addition to or in substitution forthose provided in this chapter and may limit or alter the measure of damagesrecoverable under this chapter.
(2) Resort to a remedy provided under this chapter or in thelease agreement is optional unless the remedy is expressly agreed to beexclusive. If circumstances cause an exclusive or limited remedy to fail of itsessential purpose, or provision for an exclusive remedy is unconscionable,remedy may be had as provided in this chapter.
(3) Consequential damages may be liquidated under §6A-2.1-504, or may otherwise be limited, altered, or excluded unless thelimitation, alteration, or exclusion is unconscionable. Limitation, alteration,or exclusion of consequential damages for injury to the person in the case ofconsumer goods is prima facie unconscionable but limitation, alteration, orexclusion of damages where the loss is commercial is not prima facieunconscionable.
(4) Rights and remedies on default by the lessor or thelessee with respect to any obligation or promise collateral or ancillary to thelease contract are not impaired by this chapter.