Idaho State Statutes - Idaho Attorney Directory

(1) Except
as otherwise provided in this chapter, the lease agreement may include rights
and remedies for default 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.
(2) Resort to a remedy provided under this chapter or in the lease
agreement is optional unless the remedy is expressly agreed to be exclusive.
If circumstances cause an exclusive or limited remedy to fail of its essential
purpose, or provision for an exclusive remedy is unconscionable, remedy may be
had as provided in this chapter.
(3) Consequential damages may be liquidated under section 28-12-504, or
may otherwise be limited, altered, or excluded unless the limitation,
alteration, or exclusion is unconscionable. Limitation, alteration, or
exclusion of consequential damages for injury to the person in the case of
consumer goods is prima facie unconscionable but limitation, alteration, or
exclusion of damages where the loss is commercial is not prima facie
unconscionable.
(4) Rights and remedies on default by the lessor or the lessee with
respect to any obligation or promise collateral or ancillary to the lease
contract are not impaired by this chapter.

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