12-744. Affirmative defense; notice and repair
A. It is an affirmative defense to a year 2000 date failure if all of the following apply:
1. The defendant notified the buyer of the product, equipment or service that the product, equipment or service may manifest the year 2000 date failure. The notice shall both:
(a) Identify the product, equipment or service that was supplied by the defendant and that manifests or may manifest the year 2000 date failure.
(b) Explain how the buyer may obtain remedial measures or provide information on how to repair, replace, upgrade or update the product, equipment or service.
2. The defendant unconditionally offered at no additional cost to the buyer to provide, implement or enable the buyer to implement either:
(a) The repair, replacement, upgrade or update of the product, equipment or service.
(b) Remedial measures.
3. The unconditionally offered alternative service, repair, replacement, upgrade or update or remedial measures would have avoided the damages that were caused by the year 2000 date failure.
B. For the purposes of subsection A, paragraph 1, a defendant may give notice by either:
1. Timely sending the notice by mail, courier, electronic mail or telefacsimile to the last known address or telecopier number that was provided to the buyer if that information is in the possession or control of the defendant.
2. If sending notice pursuant to paragraph 1 of this subsection is impracticable, timely publishing the notice in at least two newspapers of general statewide circulation for three consecutive weeks or timely publishing the notice on the defendant's internet web site.
Section: Previous 12-717 12-718 12-719 12-731 12-741 12-742 12-743 12-744 12-745 12-746 12-747 12-748 12-751 12-752 12-761 NextLast modified: October 13, 2016