Iowa Code § 554.2719

Contractual modification or limitation of remedy

Known as the Uniform Commercial Code

The act spans §§ 554–554 (631 sections).

Applied in 5 court decisions — leading case Midwest Hatchery & Poultry Farms, Inc. v. Doorenbos Poultry, Inc. (2010)

Most recently applied in 360 F. Supp. 3d 817 - Rexing Quality Eggs v. Rembrandt Enterprises, Inc. (December 2018)

[C66, 71, 73, 75, 77, 79, 81, §554.2719] 2008 Acts, ch 1032, §79

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. Subject to the provisions of subsections 2 and 3 of this section and of section 554.2718 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.

Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.