                                 CODE OF VIRGINIA

CONTRACTUAL MODIFICATION OR LIMITATION OF REMEDY (§ 8.2-719)

1. Subject to the provisions of subsections (2) and (3) of this section and of
the preceding section [§ 8.2-718] on liquidation and limitation of damages,

   a. the agreement may provide for remedies in addition to or in substitution
   for those provided in this title and may limit or alter the measure of damages
   recoverable under this title, as by limiting the buyer&#8217;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 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 act.

3. 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.

HISTORY: 1964, c. 219.