Contractual modification or limitation of remedy.

(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in this title. (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. Cited. 172 C. 112; 203 C. 342; 209 C. 163; 218 C. 297. Cited. 29 CA 865; 33 CA 575; 40 CA 268.