Nevada § 104.2719 - Contractual modification or limitation of remedy

§ 104.2719. 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 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 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 chapter. 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.