Consumer Warranty Law: 9.3 Has the Consumer Agreed to the Remedy Limitation?
A limitation of remedies clause is only effective if the consumer has agreed to that provision. The UCC seeks to give effect to the parties’ actual agreement, whether or not it is reflected accurately in the written contract.18 Unless the parties have actually agreed that the limited remedy in the written contract is exclusive, that remedy is presumed to be merely optional for the buyer.