American Samoa § 43.5302 - Applicability.

§ 43.5302. Applicability.

(a) The following claims shall be excluded from the error dispute resolution process and the limitations on liability provisions contained in sections 43.5303 and 43.5304: Claims properly filed by consumers in the small claims division of the District Court. (b) The following claims shall be excluded from the error dispute resolution process provisions contained in section 43.5305: Claims alleging physical injury as the direct and proximate result of a Y-2K error. (c) The provisions in this chapter shall not apply to claims asserted by or against the American Samoa Government, a board, or a government employee, arising out or relating to a Y-2K error produced, calculated, or generated by a government computer system or other computer-based system, regardless of the cause for the Y-2K error, provided that nothing in this subsection shall be deemed to apply to any claim asserted against a government employee to enforce a mortgage obligation or other similar personal obligation of the government employee which is unrelated to the government employee’s employment. (d) The provisions in sections 43.5303 and 43.5304 may be modified or waived by express agreement. Any such modification or waiver shall be explicit, and no intent to modify or waive these protections shall be inferred.