The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 9A V.S.A. § 2-719)
-
§ 2—719. Contractual modification or limitation of remedy
(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding
section on liquidation and limitation of damage:,
(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 non-conforming 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 title.
(3) Consequential damages may be limited unless the limitation is unconscionable. Limitation
of consequential damages for injury to the person in the case of consumer goods or
dangerous instrumentalities is prima facie unconscionable but limitation of damages
where the loss is commercial is not.