Florida Statute 672.719 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 672
UNIFORM COMMERCIAL CODE: SALES

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F.S. 672.719

672.719 Contractual modification or limitation of remedy.—

(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages:

(a) The agreement may provide for remedies in addition to or in substitution for those provided in this chapter and may limit or alter the measure of damages recoverable under this chapter, 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 code.

(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.

History.—s. 1, ch. 65-254.

Note.—s. 2-719, U.C.C.

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Amendments to 672.719

Arrestable Offenses / Crimes under Fla. Stat. 672.719

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 672.719.

Annotations, Discussions, Cases:

Cases Citing Statute 672.719

Total Results: 12

Cessna Aircraft Company v. Avior Technologies, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2008-06-11

Citation: 990 So. 2d 532, 2008 Fla. App. LEXIS 8456, 2008 WL 2356676

Snippet: limitation under the Uniform Commercial Code. See § 672.719, Fla. Stat. (1999); Metro. Dade County v. Worsham

Paul Gottlieb & Co. v. Alps South Corp.

Court: District Court of Appeal of Florida | Date Filed: 2007-12-21

Citation: 985 So. 2d 1, 64 U.C.C. Rep. Serv. 2d (West) 939, 2007 Fla. App. LEXIS 20245, 2007 WL 4462984

Snippet: exclude other damages available under the law. See § 672.719; Council Bros., Inc. v. Ray Burner Co., 473 F.2d

Skyline Computer Corp. v. Encore Computer Corp.

Court: District Court of Appeal of Florida | Date Filed: 1997-10-08

Citation: 699 So. 2d 1048, 1997 Fla. App. LEXIS 11208, 1997 WL 614431

Snippet: any kind” arising under the agreement. See §§ 672.719(2), (3),-Fla. Stat. (1995); James J. White and

Mayor's Jewellers v. Calif. Pers

Court: District Court of Appeal of Florida | Date Filed: 1996-12-11

Citation: 685 So. 2d 904, 1996 WL 709366

Snippet: contract for the sale of fruit. Buyer invoked section 672.719(2), Florida Statutes (1975), in the Florida Uniform

Frank Griffin Volkswagen, Inc. v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1992-12-11

Citation: 610 So. 2d 597, 1992 WL 365476

Snippet: provided in the Uniform Commercial Code. Section 672.719, Florida Statutes, authorizes the parties to a

Parsons v. Motor Homes of America

Court: District Court of Appeal of Florida | Date Filed: 1985-03-07

Citation: 465 So. 2d 1285, 10 Fla. L. Weekly 576

Snippet: limitation of remedy provision pursuant to Section 672.719, Florida Statutes; and (5) whether the trial court

Radiation Technology, Inc. v. Ware Const. Co.

Court: Supreme Court of Florida | Date Filed: 1983-12-22

Citation: 445 So. 2d 329

Snippet: should have been enforced as permitted by section 672.719, Florida Statutes (1979). On motion for rehearing

City of Jacksonville ex rel. Interform, Inc. v. Orr Construction Co.

Court: District Court of Appeal of Florida | Date Filed: 1983-02-16

Citation: 427 So. 2d 237, 35 U.C.C. Rep. Serv. (West) 840, 1983 Fla. App. LEXIS 18682

Snippet: to special crews repairing the forms. Section 672.719, Florida Statutes (1981) allows contractual agreements

Pennington Grain and Seed, Inc. v. Tuten

Court: District Court of Appeal of Florida | Date Filed: 1982-11-09

Citation: 422 So. 2d 948, 36 U.C.C. Rep. Serv. (West) 458

Snippet: Pennington's theory based on Sections 672.316 and 672.719, that the "warranty" printed on each bag disclaimed

Varner v. BL Lanier Fruit Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1979-04-20

Citation: 370 So. 2d 61, 26 U.C.C. Rep. Serv. (West) 716, 1979 Fla. App. LEXIS 14418

Snippet: unconscionability, the grower may still find relief in Section 672.719(2), Florida Statutes (1975), which provides: (2)

Tampa Farm Service, Inc. v. Cargill, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1978-02-24

Citation: 356 So. 2d 347, 24 U.C.C. Rep. Serv. (West) 147, 1978 Fla. App. LEXIS 14996

Snippet: provided by the UCC, including cancellation. Section 672.719(2), Florida Statutes (1975) (Section 2-719[2] of

Orange Motors of Coral Gables v. Dade Co. Dairies

Court: District Court of Appeal of Florida | Date Filed: 1972-02-08

Citation: 258 So. 2d 319, 10 U.C.C. Rep. Serv. (West) 325, 1972 Fla. App. LEXIS 7225

Snippet: plaintiff was foreclosed from rescission under § 672.719, Fla. Stat., F.S.A., which provides the parties