Code of Alabama
Ala. Code § 7-2-719 (2026)
Contractual Modification or Limitation of Remedy.
✓ official Alabama Legislature (ALISON) text, current July 2026
(1) Subject to the provisions of subsections (2) and (3) of this section and of Section 7-2-718 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.
(4) Nothing in this section or in Section 7-2-718 shall be construed so as to limit the seller’s liability for damages for injury to the person in the case of consumer goods.
(Acts 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 17
cases, 1980–2020 · leading case: Leonard v. Terminix Intern. Co., LP, 854 So. 2d 529 (Ala. 2003).
Leonard v. Terminix Intern. Co., LP, 854 So. 2d 529 (Ala. 2003). “" Ala.Code 1975, § 7-2-719(3) (emphasis added).”
Morgan Bldg. & Spas, Inc. v. Gillett, 762 So. 2d 366 (Ala. Civ. App. 2000). “§ 7-2-719, Ala. Code 1975; McDonald v. Schwartz, 706 So.”
Barko Hydraulics, LLC v. Michael Shepherd, 167 So. 3d 304 (Ala. 2014). “Under Ala. Code 1975, § 7-2-719(1), parties may agree to limit remedies for breaches, including damages.”
In re Rust-Oleum Restore Mktg., Sales Practices & Prods. Liab. Litig., 155 F. Supp. 3d 772 (N.D. Ill. 2016). “See Ala. Code § 7-2-719 (1); Cal. Com. Code § 2719 (1); Colo.”
Harris Moran Seed Co., Inc. v. Phillips, 949 So. 2d 916 (Ala. Civ. App. 2006). “Everett Cowett, director of technical services for the Agricultural Division of Ciba-Geigy, has attached to it sample labels from 18 different pesticide manufacturers, all containing clauses excluding consequential damages.”
Moorer v. Hartz Seed Co., 120 F. Supp. 2d 1283 (M.D. Ala. 2000). “Code § 7-2-719 (1997) allows only for limitations of remedies available under the *1295 Commercial Code.”
Winchester v. McCulloch Bros. Garage, Inc., 388 So. 2d 927 (Ala. 1980). “As a result of the limitation sanctioned by § 7-2-719, the jury must find that the limited warranty failed of its essential purpose before it can proceed to award damages other than as provided in the limited warranty.”
Sears Termite & Pest Control v. Robinson, 883 So. 2d 153 (Ala. 2003). “See § 7-2-719(3), Ala. Code 1975. While Robinson has a right to a remedy guaranteed by Art.”
Laferrera v. Camping World RV Sales, 171 F. Supp. 3d 1257 (N.D. Ala. 2016). “set forth in a writing intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be • contradicted by evidence of any prior agreement or of a contemporaneous oral agreement.”
McDonald v. Schwartz, 706 So. 2d 1230 (Ala. Civ. App. 1997). “Section 7-2-719, Ala. Code 1975, states that an "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…”
Scott v. Dixie Homecrafters, 125 F. Supp. 2d 1311 (M.D. Ala. 2000). “2000) (applying Ala. Code § 7-2-719 (1975)). The damages limitation must not be inconspicuously placed; it should be reasonably calculated to alert the seller of its existence.”
Taylor v. Leedy & Co., Inc., 412 So. 2d 763 (Ala. 1982). “For example, § 7-2-719(3), Code 1975, provides that a clause limiting consequential damages for personal injury in the sale of consumer goods is prima facie unconscionable.”
— Ala. Code § 7-2-719(1) — 2 cases
Barko Hydraulics, LLC v. Michael Shepherd, 167 So. 3d 304 (Ala. 2014). “Under Ala. Code 1975, § 7-2-719(1), parties may agree to limit remedies for breaches, including damages.”
Moorer v. Hartz Seed Co., 120 F. Supp. 2d 1283 (M.D. Ala. 2000). “Code § 7-2-719 (1997) allows only for limitations of remedies available under the *1295 Commercial Code.”
— Ala. Code § 7-2-719(1)(a) — 2 cases
Harris Moran Seed Co., Inc. v. Phillips, 949 So. 2d 916 (Ala. Civ. App. 2006). “Everett Cowett, director of technical services for the Agricultural Division of Ciba-Geigy, has attached to it sample labels from 18 different pesticide manufacturers, all containing clauses excluding consequential damages.”
Morgan Bldg. & Spas, Inc. v. Gillett, 762 So. 2d 366 (Ala. Civ. App. 2000). “§ 7-2-719, Ala. Code 1975; McDonald v. Schwartz, 706 So.”
— Ala. Code § 7-2-719(2) — 6 cases
Morgan Bldg. & Spas, Inc. v. Gillett, 762 So. 2d 366 (Ala. Civ. App. 2000). “§ 7-2-719, Ala. Code 1975; McDonald v. Schwartz, 706 So.”
Winchester v. McCulloch Bros. Garage, Inc., 388 So. 2d 927 (Ala. 1980). “As a result of the limitation sanctioned by § 7-2-719, the jury must find that the limited warranty failed of its essential purpose before it can proceed to award damages other than as provided in the limited warranty.”
McDonald v. Schwartz, 706 So. 2d 1230 (Ala. Civ. App. 1997). “Section 7-2-719, Ala. Code 1975, states that an "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…”
Barko Hydraulics, LLC v. Michael Shepherd, 167 So. 3d 304 (Ala. 2014). “Under Ala. Code 1975, § 7-2-719(1), parties may agree to limit remedies for breaches, including damages.”
Moorer v. Hartz Seed Co., 120 F. Supp. 2d 1283 (M.D. Ala. 2000). “Code § 7-2-719 (1997) allows only for limitations of remedies available under the *1295 Commercial Code.”
— Ala. Code § 7-2-719(3) — 7 cases
Leonard v. Terminix Intern. Co., LP, 854 So. 2d 529 (Ala. 2003). “" Ala.Code 1975, § 7-2-719(3) (emphasis added).”
Sears Termite & Pest Control v. Robinson, 883 So. 2d 153 (Ala. 2003). “See § 7-2-719(3), Ala. Code 1975. While Robinson has a right to a remedy guaranteed by Art.”
Harris Moran Seed Co., Inc. v. Phillips, 949 So. 2d 916 (Ala. Civ. App. 2006). “Everett Cowett, director of technical services for the Agricultural Division of Ciba-Geigy, has attached to it sample labels from 18 different pesticide manufacturers, all containing clauses excluding consequential damages.”
Moorer v. Hartz Seed Co., 120 F. Supp. 2d 1283 (M.D. Ala. 2000). “Code § 7-2-719 (1997) allows only for limitations of remedies available under the *1295 Commercial Code.”
Taylor v. Leedy & Co., Inc., 412 So. 2d 763 (Ala. 1982). “For example, § 7-2-719(3), Code 1975, provides that a clause limiting consequential damages for personal injury in the sale of consumer goods is prima facie unconscionable.”
— Ala. Code § 7-2-719(b) — 1 case
Shutter Shop, Inc. v. Amersham Corp., 114 F. Supp. 2d 1218 (M.D. Ala. 2000).
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