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.