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Code · North Dakota · Title 09 · Chapter 9-14 — Invention Development Services Contracts

9-14-09. Remedies and enforcement.

301 words·~1 min read·/nd/title-09/chapter-9-14-invention-development-services-contracts/9-14-09·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.
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