Contractual Limitations on Remedies Will Be Enforced on Motions to Dismiss, Unless the Seller Does Not Provide a Remedy at All

Sellers of goods often will include an exclusive remedy provision in their purchase agreements, which (1) limits the seller’s liability to a buyer to either repair or replace the purchased goods, or refund the purchase price, and (2) waives all other available remedies. When a dispute between a seller and […]

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