Contractual modification or limitation of remedy
Source:
Section 72.7190 — Contractual modification or limitation of remedy, https://www.oregonlegislature.gov/bills_laws/ors/ors072.html
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Notes of Decisions
Where no limitation of consequential damages was expressed in warranty at time of sale and limited warranty was neither presented to nor acknowledged by buyer until about two weeks after delivery of unit, there was no consideration to support limited warranty. Gaha v. Taylor-Johnson Dodge, 53 Or App 471, 632 P2d 483 (1981)
If limited and exclusive remedy of repair and replacement fails because seller was unwilling or unable to repair and buyer thus loses substantial benefit of bargain, then other remedies are restored including revocation of acceptance under ORS 72.6080. Young v. Hessel Tractor & Equipment Co., 99 Or App 262, 782 P2d 164 (1989), Sup Ct review denied, as modified by C.I.T. Group/Equipment Financing, Inc. v. Young, 99 Or App 270, 782 P2d 169 (1989)
Substitute or additional contractual remedy may provide for windfall to party notwithstanding statutory Uniform Commercial Code purpose of restoring party to same position. Wagner v. McNeely, 161 Or App 215, 984 P2d 943 (1999)