(1) It is an affirmative defense to civil liability for damages caused by a computer date failure that:
(a) The defendant notified buyers of the computer product or computer service that the product or service may experience a computer date failure;
(b) The defendant offered to repair, replace or upgrade the product or service, or the component that would experience the computer date failure, at no cost to the buyer other than reasonable and customary charges for shipping, handling and installing the items needed to repair, replace or upgrade the product, service or component; and
(c) The tendered repair, replacement or upgrade would have avoided the harm caused by the computer date failure.
(2) The notice issued under subsection (1) of this section must:
(a) Identify the product, service or component supplied by the defendant that could experience a computer date failure; and
(b) Explain how the buyer may repair, replace or upgrade the product, service or component if repair, replacement or upgrade is available.
(3) Notice under subsection (1) of this section must be sent or published at least three months before the date of the computer date failure and not more than three years before that date.
(4) A defendant meets the requirement of notice under subsection (1) of this section if the defendant:
(a) Timely delivers the notice to the claimant;
(b) Timely sends the notice to all registered buyers by mail, courier, electronic mail or fax to the last known address or fax number provided by the buyer; or
(c) Timely publishes the notice on the defendant’s Internet site, if the defendant has a site. [1999 c.810 §4]
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