Xerox Corp. v. Hawkes

In this case we address the validity of contractual provisions contained in a service agreement between a lessor and a lessee. We hold, first, that the language of the agreement falls within the scope of Article 2 of the Uniform Commercial Code; second, that there is no evidence indicating that the clauses in the agreement which exclude incidental and consequential damages are unconscionable; third, that the agreement’s disclaimer language is sufficiently conspicuous to meet the requirements of the Uniform Commercial Code; and, fourth, that the agreement’s repair or replacement remedy does…