North Dakota § 9-14-09 - Remedies and enforcement

§ 9-14-09. Remedies and enforcement

1. The provisions of this chapter are not exclusive and do not relieve the parties or the contract from compliance with all other applicable laws. 2. Any contract for invention development services that does not comply with the applicable provisions of this chapter is unenforceable against the customer as contrary to public policy; provided, that no contract is unenforceable if the invention developer proves that noncompliance was unintentional and resulted from a bona fide error in spite of the developer's use of reasonable procedures adopted to avoid any such errors, and if the developer makes an appropriate correction. 3. Any contract for invention development services entered into by a customer with an invention developer who has used any fraud, false pretense, false promise, misrepresentation, misleading statement, or deceptive practice in respect to that customer with the intent that the customer rely thereon, whether or not the customer was in fact misled, deceived, or damaged, is unenforceable against the customer. 4. Any waiver by the customer of the provisions of this chapter is contrary to public policy and is void and unenforceable. 5. Any person who has been injured by a violation of this chapter by an invention developer, by any false or fraudulent statement, representation, or omission of material fact by an invention developer or by failure of an invention developer to make all the disclosures required by this chapter may bring a civil action against the invention developer for the damages sustained together with costs and disbursements, including reasonable attorney's fees. The court in its discretion may increase the award of damages to an amount not to exceed three times the damages sustained. 6. Failure to make the disclosures required by section 9-14-05 renders any contract subsequently entered into between the customer and the invention developer voidable by the customer.