Consumer Warranty Law: 9.4.4 Non-UCC Remedies
By its terms, section 2-719 permits only the replacement of remedies that are “provided in this Article” or the alteration of the measure of damages “recoverable under this Article.” A Second Circuit decision points out that this language does not provide any authority for the seller to exclude non-Article 2 remedies.34 Accordingly, the court held that a remedy limitation clause did not make it apparent, to a legal certainty, that the consumer was barred from the non-UCC remedy of rescission.