N.Y. U.C.C. 2-719

Section 2--719. Contractual Modification or Limitation of Remedy.\n (1) Subject to the provisions of subsections (2) and (3) of this\nsection and of the preceding section on liquidation and limitation of\ndamages,\n (a) the agreement may provide for remedies in addition to or in\n substitution for those provided in this Article and may limit\n or alter the measure of damages recoverable under this\n Article, as by limiting the buyer's remedies to return of the\n goods and repayment of the price or to repair and replacement\n of non-conforming goods or parts; and\n (b) resort to a remedy as provided is optional unless the remedy\n is expressly agreed to be exclusive, in which case it is the\n sole remedy.\n (2) Where circumstances cause an exclusive or limited remedy to fail\nof its essential purpose, remedy may be had as provided in this Act.\n (3) Consequential damages may be limited or excluded unless the\nlimitation or exclusion is unconscionable. Limitation of consequential\ndamages for injury to the person in the case of consumer goods is prima\nfacie unconscionable but limitation of damages where the loss is\ncommercial is not.\n