Purchase agreements can provide for remedies and can limit damages.
In terms of remedies, the remedy looks at what happens if you have violated or breached whatever warranty there is with the product. Remedies can be limited if it is included in the contract. While there isn’t anything in the UCC that specifically says your remedies limitation has to be conspicuous, your state law may have incorporated a requirement that the limitations do have to be conspicuous. Damages need to be fairly and reasonably considered as arising naturally from the breach. They also may or may not need to be conspicuous.
Marlo Orlin Leach
Leach & Lowe LLC
- Managing member of Leach & Lowe LLC
- Focuses legal practice on tort, commercial, and environmental litigation
- Defends premises and product liability actions involving property damage and personal injury; including claims based on toxic torts, indoor air quality, and the manufacture and use of tools, machinery and chemicals
- Has spoken at national seminars on terms and conditions in purchase agreements and on warranties under Article 2 of the UCC
- Experienced in a variety of complex cases including business disputes, real estate and partnership disputes, RICO and fraud claims, breach of fiduciary duty claims, breach of warranty claims and complex contract matters
- Member of numerous professional and civic organizations
- J.D. degree, magna cum laude, Georgia State University College of Law; B.A. degree, Emory University
- Can be contacted at [email protected]
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