Plaintiff alleges Defendants breached the express warranty by failing to repair the alleged design flaw in Plaintiff David’s motorcycle. Plaintiff seeks as relief “Final injunctive relief compelling the defendant to refund the purchase price of vehicles owned by the plaintiff and the class members or, in the alternative, to replace those vehicles with substantially similar vehicles of merchantable quality.” [Complaint, DE 1, p. 19]. Under Florida law, a written warranty is treated as a contract between buyer and seller, Brennan v. Dow Chem. Co., 613 So.2d 131, 132 (Fla.Dist.Ct.App.1993) (noting that a warranty is “a voluntary contractual commitment”), and therefore may, by its terms, limit the remedies available. Council Bros., Inc. v. Ray Burner Co., 473 F.2d 400, 406 (5th Cir.1973) (<HOLDING>); Fla. Stat. § 672.316 (“Remedies for breach of
holding replacement cost provisions making payment of replacement cost dependant upon actual repair or replacement are unambiguous holding that  672316 and  672719 stand for the principle that parties to a contract may properly limit the remedies for a breachofwarranty 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 recognizing that a principal may limit the authority of its agent and such limitation will be binding on a third party who is aware of the limitation holding that duration of limitation is a factor in determining whether limitation is significant holding that written warranty may limit a remedy to repair or replacement of parts so long as limitation is clearly expressed