Subject to the provisions of Subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,
Terms Used In Utah Code 70A-2-719
Buyer: means a person who buys or contracts to buy goods. See Utah Code 70A-2-103
Consumer: means any person including a public agency or other private organization, who acquires assistive technology on behalf of or for the benefit of an individual who:
(a)
purchases assistive technology from a manufacturer, its agent, or authorized dealer for purposes other than resale;
(b)
obtains or otherwise receives assistive technology for purposes other than resale, but only if the transfer occurs before the expiration of any applicable express warranties;
(c)
possesses the right to enforce the warranty; or
(d)
leases assistive technology from an authorized lessor under a written lease. See Utah Code 70A-2-802
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
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 act.
(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.
