Florida/Georgia Personal Injury & Workers Compensation

...governs to bar Meridian's third-party claims regardless of whether the UCC or general Florida contract law applies. Turning first to the UCC, Florida's version of the UCC permits a party to exclude liability for consequential damages. Fla. Stat. § 672.719 ("Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable.")....

...Defendant's first point on appeal is that the parties agreed to a remedy as a result of a written warranty and rescission was not, therefore, available to plaintiff. It argued the warranty provided for a remedy agreed to by the parties, thus, plaintiff was foreclosed from rescission under § 672.719, Fla....

...nherently dangerous, in that it did not threaten bodily injury; therefore, the court reasoned, there was no duty to warn of its potential adverse affect on property, and the clause seeking to limit liability should have been enforced as permitted by section 672.719, Florida Statutes (1979)....

...Further, since the count was in negligence [*] and it is undisputed that the potential harm was to property only and not to the person, the limitations of remedy provision was not prima facie unconscionable and should have been given effect absent a showing of unconscionability. § 672.719(3), Fla....

...vidence not germane to the Parsons' claim against Motor Homes; (3) whether the trial court erred in failing to recuse himself; (4) whether the trial court erred in ruling the warranty notice provision was a limitation of remedy provision pursuant to Section 672.719, Florida Statutes; and (5) whether the trial court erred in finding there was not a showing of substantial impairment of value pursuant to Section 672.608, Florida Statutes....

...y have been for the Judge to have recused himself so as to totally dispel the notion of impropriety. As fourth point for review, the Parsons allege error in the trial court's ruling that the warranty notice provision was a limitation of remedy under Section 672.719 Florida Statutes. [5] The trial court ruled that the *1291 "Warranty Notice" provision on the purchase contract was in compliance with the provisions of Section 672.719, with the result that the buyer's remedy was limited to a breach of warranty action against the manufacturer, Winnebago Industries, Inc....

...Since there is no dispute in this case that the Warranty Notice was conspicuous, the first question to be decided is whether the remedy to be provided by the manufacturer Winnebago "is expressly agreed to be exclusive, in which case it is the sole remedy." § 672.719(1)(b), Fla....

...Ray Burner Co., 473 F.2d 400 (5th Cir.1973) (which originated in the Northern District of Florida) addressed the issue presented here, i.e., whether a manufacturer's warranty which purportedly limits a buyer's remedies to repair or replacement of parts is effective as a limitation of remedy. The court found the provisions of Section 672.719, Florida Statutes (here reproduced at fn....

...dence does not necessarily constitute harmful error. It is injury resulting from error that warrants appellate court in reversing a judgment of the trial court." Accord: Prince v. Aucilla River Naval Stores Co., 103 Fla. 605, 137 So. 886 (1931). [5] § 672.719, Fla. Stat. (1981), provides: 672.719 Contractual modification or limitation of remedy....

...mitation is clearly expressed); Fla. Stat. § 672.316 ("Remedies for breach of warranty can be limited in accordance with the provisions of this chapter on liquidation or limitation of damages and on contractual modification of remedy."); Fla. Stat. § 672.719 ("The agreement may provide for remedies ......

...to repairs... ?", Plaintiff's counsel stated, "I believe that it limits it to repairs and replacement of parts." [11] Where circumstances cause a limited remedy to fail of its essential purpose, alternative UCC remedies may be available. Fla. Stat. § 672.719; Griffis v. Leisure Tyme RV, Inc., 884 So.2d 241, 243 (Fla.Dist.Ct.App.2004); see also Pinellas Suncoast Transit Authority v. Mincom, Inc., 2007 WL 1222595 (M.D.Fla. 2007) (holding that § 672.316 and § 672.719 stand for the principle that parties to a contract may properly limit the remedies for a breach-of-warranty to repair and replacement when such limitations are reasonable, but noting that the limitation is not valid when the limitation causes the product to fail of its essential purpose)....

...e remedy, Volkswagen's limited warranty. The argument continues that, when the remedy failed of its essential purpose due to Griffin's inability to repair the car, Smith became entitled to invoke all remedies provided in the Uniform Commercial Code. Section 672.719, Florida Statutes, authorizes the parties to a contract to provide for remedies in addition to, or in substitution for, those remedies provided in the UCC....

...Additionally, in both cases the evidence disclosed that the limited remedies provided failed of their essential purpose. Because of the failure of the specific remedy furnished *611 him, Smith had the right to pursue his remedy of revocation of acceptance. As stated in Section 672.719(2), Florida Statutes (1987) (UCC § 2-719(2)): "Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this code." Consistent with the code's provisions, Florida cou...

...Chrysler Corp., 607 F.2d 1162, 1166 (5th Cir.1979); Rose v. A & L Motor Sales, 699 F. Supp. 75, 76 (W.D.Pa. 1988). Florida law permits recovery of actual, incidental, and consequential damages for breach of warranty. §§ 672.714-.715, Fla. Stat. (1987) (UCC §§ 2-714 to -715). And section 672.719(2) (UCC § 2-719(2)) provides that "[w]here circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this code."

...e will fail of essential purpose." It cites Varner v. B.L. Lanier Fruit Co., 370 So.2d 61 (Fla. 2d DCA 1979), to support that as a general proposition. But Varner involved a buyer's breach of an "output" contract for the sale of fruit. Buyer invoked section 672.719(2), Florida Statutes (1975), in the Florida Uniform Commercial Code....

...amages clause. The award of consequential damages must be stricken. Finally, we note that enforcing of the clause at issue only bars consequential damages. [4] The limitation in this clause does not exclude other damages available under the law. See § 672.719; Council Bros., Inc....

...eed was defective. Therefore, it is immaterial whether the seed tags may have created an express warranty, because Pennington breached its implied warranties of merchantability and fitness. We reject Pennington's theory based on Sections 672.316 and 672.719, that the "warranty" printed on each bag disclaimed any implied warranties or limited the recoverable damages to the value of the seeds....

...irect or indirect through evidence of trade custom or course of dealing. [1] See Klein, et al. v. Asgrow Seed Company, et al., 246 Cal. App.2d 87, 54 Cal. Rptr. 609 (3d DCA 1966); Section 672.316(3)(d). Similarly, we would agree with Pennington that Section 672.719(1)(b) permits a limitation of damages if such limitation was part of the "agreement" and had been "expressly agreed to be exclusive," as provided in that section....

...This appeal and cross-appeal followed. The Breach of Contract Claims The service orders executed between Cessna and Avtech (for itself and Avior) contain a provision limiting Cessna's liability, a standard remedy limitation under the Uniform Commercial Code. See § 672.719, Fla....

...(Emphasis added.) At the outset, Tampa Farm contends the remedies made applicable to its contracts by Rules 17 and 43 were never meant to be exclusive. But, it argues, even if so intended, these remedies failed of their "essential purpose," and resort could be had to the remedies provided by the UCC, including cancellation. Section 672.719(2), Florida Statutes (1975) (Section 2-719[2] of the UCC)....

...rnish. Mr. Bynum put great emphasis on the fact that the quality of corn was of paramount importance, as inferior corn adversely affected egg production. Cargill correctly points out that the remedies provided by the UCC may be modified by contract. Section 672.719(1)(a), Florida Statutes (1975)....

...We recognize that the parties by incorporating the GFDNA Rules apparently intended to do just that. However, even when the parties agree upon a particular remedy, resort can be had to the additional remedies of the UCC if the agreed-upon remedy fails of its "essential purpose." Section 672.719(2), Florida Statutes (1975)....

...Charlotte Associates, Inc., 286 So.2d 586 (Fla. 1st DCA 1973). Here, then, the grower would be entitled to a further recovery if he can prove the unconscionability of the liquidated damages clause. Absent a finding of unconscionability, the grower may still find relief in Section 672.719(2), Florida Statutes (1975), which provides: (2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this code....

...Machinery Wholesalers Corp., 750 F.2d 1290, 1294 (5th Cir.1985)); see CC-Aventura, Inc. v. The Weitz Co., LLC, No. 06-21598-CIV, 2009 WL 3326806 , at *3 (S.D.Fla. Oct. 9, 2009) (“[P]arties may agree to limit their damages, and courts will generally enforce limitation-of-liability provisions.”) (citing Fla. Stat. 672.719(1)(a), (3))....

...The shoring system supplied by Interform was inadequate, requiring additional shoring rental and fabrication costs for special form lifters to complete the job. Recapitulation sheets reflected additional labor costs due to special crews repairing the forms. Section 672.719, Florida Statutes (1981) allows contractual agreements to provide for limitations of remedies, but “[rjesort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.” Section 672.719(l)(b), Florida Statutes (1981)....