Section 417.424

Title XXVI TRADE AND COMMERCE

Chapter 417

Effective - 28 Aug 1995   

  417.424.  Contract unenforceable against customer, when, exceptions — waiver by customer void, exception. — 1.  Any contract for invention development services that does not comply with the applicable provisions of sections 417.400 to 417.436 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.

  2.  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.

  3.  Any waiver by the customer of the provisions of sections 417.400 to 417.436, except the waiver of confidentiality as provided in subsection 2 of section 417.427, is contrary to public policy and is void and unenforceable.

­­--------

(L. 1995 S.B. 80 & 88 § 417.424 subsecs. 1 to 3)