Idaho State Statutes - Idaho Attorney Directory

(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 non-conforming 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.

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