Texas § CP.147.081 - AFFIRMATIVE DEFENSE

§ CP.147.081. AFFIRMATIVE DEFENSE

AFFIRMATIVE DEFENSE: NOTICE TO CURE OR CORRECT. (a) It is an affirmative defense to liability in an action if: (1) the claimant was notified in the manner provided by Section 147.082 that the computer product or computer service product may manifest computer date failure; (2) the claimant was offered a cure or correction for the computer date failure; and (3) the offered cure or correction would have avoided the harm to the claimant caused by the computer date failure. (b) In addition to the requirement of Subsection (a), to establish the affirmative defense provided by this section: (1) if the claimant's action involves a recent consumer product, the defendant must prove that the charge, if any, for the cure or correction did not exceed the reasonable charges for the delivery and installation of the product or items needed to cure or correct the computer date failure; or (2) if the claimant's action involves a computer product or computer service product that is not a recent consumer product, the defendant must prove that the charge, if any, for the cure or correction did not exceed the reasonable and necessary costs to develop, produce, deliver, and install the product or items needed to cure or correct the computer date failure. (c) If the cure or correction described by Subsection (a) is designed to cure or correct a computer date failure for only a limited period of time, that cure or correction does not entitle a person to a defense to liability for harm caused by the computer date failure after the period of time expires. Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.