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O.C.G.A. § 11-2-719

Contractual modification or limitation of remedy

Applied in 2 court decisions — leading case In re Rust-Oleum Restore Marketing, Sales Practices & Products Liability Litigation (2016)

Most recently applied in Dennis Speerly v. General Motors, LLC (June 2025)

Code 1933, § 109A-2-719, enacted by Ga

(1) Subject to the provisions of subsections (2) and (3) of this Code section and of Code Section 11-2-718 on liquidation and limitation of

damages:

(a) The agreement may provide for remedies in addition to or in

substitution for those provided in this 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 title.

(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.

Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.