- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 2. Sales
- Section 719. Contractual Modification or Limitation of Remedy.
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. Liquidation or Limitation of Damages; Deposits.
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. Effect of Cancellation or Rescission On Claims For Antecedent Breach.
AS 45.02.719. Contractual Modification or Limitation of Remedy.
- (a) Subject to (b) and (c) of this section and AS 45.02.718
on liquidation and limitation of damages,
- (1) the agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may
limit or alter the measure of damages recoverable under this chapter, 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
- (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) If circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided
in the code.
- (c) 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.
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