1. Subject to the provisions of subsections 2 and 3 of this section and of section 554.2718 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 nonconforming goods or parts; and b. resort to a remedy as provided isoptional unless the remedy is expressly agreed to be exclusive, in which case itis 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 isunconscionable. Limitation of consequential damages for injury to the person in the case ofconsumer goods isprima facie unconscionable but limitation of damages where the loss is commercial is not.
‹ Prev All Iowa sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.