J. MILLARD TAWES, Governor                        831

his resale is subject to the conditions laid down in this Sub-title on
resale by an aggrieved seller (Section 2—706).

2—719. Contractual Modification or Limitation of Remedy.

(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 Sub-title and may limit or
alter the measure of damages recoverable under this Sub-title, 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 Article.

(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.

2—720. Effect of "Cancellation" or "Rescission" on Claims for
Antecedent Breach.

Unless the contrary intention clearly appears, expressions of
"cancellation" or "rescission" of the contract or the like shall not be
construed as a renunciation or discharge of any claim in damages
for an antecedent breach.

—721. Remedies for Fraud.

Remedies for material misrepresentation or fraud include all
remedies available under this Sub-title for non-fraudulent breach.
Neither rescission or a claim for rescission of the contract for sale
nor rejection or return of the goods shall bar or be deemed incon-
sistent with a claim for damages or other remedy.

2—722. Who Can Sue Third Parties for Injury to Goods.

Where a third party so deals with goods which have been identified
to a contract for sale as to cause actionable injury to a party to that
contract

(a)  a right of action against the third party is in either party to
the contract for sale who has title to or a security interest or a special
property or an insurable interest in the goods; and if the goods have
been destroyed or converted a right of action is also in the party who
either bore the risk of loss under the contract for sale or has since
the injury assumed that risk as against the other;

(b)  if at the time of the injury the party plaintiff did not bear the
risk of loss as against the other party to the contract for sale and
there is no arrangement between them for disposition of the recovery,