Florida Statute 672.719 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 672.719

Total Results: 14

Cooper v. Meridian Yachts, Ltd.

575 F.3d 1151, 2009 A.M.C. 2652, 2009 U.S. App. LEXIS 16604, 2009 WL 2146388

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2009 | Docket: 399452

Cited 60 times | Published

liability for consequential damages. Fla. Stat. § 672.719 ("Consequential damages may be limited or excluded

Orange Motors of Coral Gables v. Dade Co. Dairies

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

District Court of Appeal of Florida | Filed: Feb 8, 1972 | Docket: 1236835

Cited 34 times | Published

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

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

445 So. 2d 329

Supreme Court of Florida | Filed: Dec 22, 1983 | Docket: 1287886

Cited 20 times | Published

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

Parsons v. Motor Homes of America

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

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1695098

Cited 19 times | Published

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

David v. American Suzuki Motor Corp.

629 F. Supp. 2d 1309, 2009 U.S. Dist. LEXIS 57978, 2009 WL 1838323

District Court, S.D. Florida | Filed: Jun 16, 2009 | Docket: 1144103

Cited 12 times | Published

contractual modification of remedy."); Fla. Stat. § 672.719 ("The agreement may provide for remedies ... in

Frank Griffin Volkswagen, Inc. v. Smith

610 So. 2d 597, 1992 WL 365476

District Court of Appeal of Florida | Filed: Dec 11, 1992 | Docket: 1413155

Cited 10 times | Published

remedies provided in the Uniform Commercial Code. Section 672.719, Florida Statutes, authorizes the parties to

Mayor's Jewellers v. Calif. Pers

685 So. 2d 904, 1996 WL 709366

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 1735230

Cited 9 times | Published

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

Paul Gottlieb & Co. v. Alps South Corp.

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

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 1673467

Cited 6 times | Published

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

Cessna Aircraft Company v. Avior Technologies, Inc.

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

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1292381

Cited 4 times | Published

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

Pennington Grain and Seed, Inc. v. Tuten

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

District Court of Appeal of Florida | Filed: Nov 9, 1982 | Docket: 1479564

Cited 4 times | Published

Similarly, we would agree with Pennington that Section 672.719(1)(b) permits a limitation of damages if such

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

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

District Court of Appeal of Florida | Filed: Feb 24, 1978 | Docket: 2513001

Cited 4 times | Published

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

Varner v. BL Lanier Fruit Co., Inc.

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

District Court of Appeal of Florida | Filed: Apr 20, 1979 | Docket: 1386808

Cited 3 times | Published

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

Gilbert & Caddy, P.A. v. JP Morgan Chase Bank, N.A.

193 F. Supp. 3d 1294, 2016 U.S. Dist. LEXIS 183865, 2016 WL 4613388

District Court, S.D. Florida | Filed: Jun 15, 2016 | Docket: 64309452

Cited 2 times | Published

limitation-of-liability provisions.”) (citing Fla. Stat. 672.719(1)(a), (3)). Damages for lost profits, loss

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

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

District Court of Appeal of Florida | Filed: Feb 16, 1983 | Docket: 64595260

Published

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