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Summary and Comments

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Category: 

Litigation

Date: 

1998-02-05 08:44:20

Subject: 

Konica Limits Its Liability

  Link:

http://www.kbm.com/y2000w.htm

Comment: 

This document was wtitten by a lawyer, not an engineer. Konica basically tells buyers that they, not Konica, are on the hook for any y2k problems suffered by way of earlier Konica products.

Konica assures us that the company will be 2000-compliant by . . . December 31, 1998. (But you knew that already, didn't you?) As to how it will achieve this, well, it's none of our business. Or so Konica says:

"Konica Business Machines, USA, Inc. has a detailed action plan in place to bring all internal computer systems, hardware, software, applications and electronic commerce (EDI, EFT, etc.) in support of our business and customers into Year 2000 compliance before December 31, 1998. Konica's Year 2000 compliance plan is not available to the public as it contains proprietary information."

They say that we should pay attention to the fine print of any document. I say, pay attention to the large print. . . .

* * * * * * * *

This Year 2000 Product Compatibility Warranty is applicable only to the Konica products designated by Konica as Year 2000 Compatible and provided by KBM under a contract or agreement with a Konica customer. It is not retroactive nor does KBM warrant that products not designated as Year 2000 ready will be upgraded at no additional charge when and if year 2000 Ready versions are subsequently released. It also is not a warranty that Year 2000 compatible versions will in fact be released by Konica for all products. No Year 2000 compatibility product warranty is made with respect to products which are connected to Konica products if the connected product is not manufactured and distributed by Konica.

This Year 2000 Product Compatibility Warranty is subject to the terms of KBM's standard warranty provisions which warrant that the Konica Product will conform to its description and specifications and be free from defects in material and workmanship for the period of time identified in the contract or agreement between KBM and KBM's customer. Except as provided in a written agreement between KBM and a KBM customer, as modified by this Year 2000 Product Compatibility Warranty, KBM MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES AND ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR OR SPECIAL PURPOSES. KBM SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, CAUSE. Further, KBM MAKES NO WARRANTIES WHATSOEVER EXPRESS OR IMPLIED WITH REGARD TO THE SERVICE, THE SOFTWARE INCLUDED WITH THE PRODUCT OR ITS INSTALLATION AND MAINTENANCE. KBM'S LIABILITY IS LIMITED TO THE COST OF ANY SPECIAL DAMAGES, INCLUDING BUT NO LIMITED TO DAMAGES DUE TO LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF OR DAMAGE TO REVENUE, PROFITS OR GOODWILL, DAMAGES DUE TO ANY INTERRUPTION OF BUSINESS, DAMAGE TO CUSTOMER'S COMPUTERS OR NETWORKS, EVEN IF KBM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Link: 

http://www.kbm.com/y2000w.htm

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