This text of Iowa § 602.1209A (State court administrator may contractually limit vendor liability) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. The state court administrator may authorize the procurement of goods and services in
whichacontractuallimitationofvendorliabilityisprovidedforandsetforthinthedocuments
initiating the procurement.
2. a. The state court administrator shall consider all of the following criteria when
determining whether to permit a contractual limitation of vendor liability with regard to any
procurement of goods or services:
(1)Whetherauthorizingacontractuallimitationofvendorliabilityisnecessarytoprevent
harm to the state from a failure to obtain the goods or services sought, or from obtaining the
goods or services at a higher price if the state refuses to allow a contractual limitation of
vendor liability.
(2)Whetherthecontractuallimitationofvendorliabilityiscommerciallyreasonablewhen
taking into accou
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1. The state court administrator may authorize the procurement of goods and services in
whichacontractuallimitationofvendorliabilityisprovidedforandsetforthinthedocuments
initiating the procurement.
2. a. The state court administrator shall consider all of the following criteria when
determining whether to permit a contractual limitation of vendor liability with regard to any
procurement of goods or services:
(1) Whetherauthorizingacontractuallimitationofvendorliabilityisnecessarytoprevent
harm to the state from a failure to obtain the goods or services sought, or from obtaining the
goods or services at a higher price if the state refuses to allow a contractual limitation of
vendor liability.
(2) Whetherthecontractuallimitationofvendorliabilityiscommerciallyreasonablewhen
taking into account any risk to the state created by the goods or services to be procured and
the purpose for which they will be used.
b. The state court administrator may consider additional criteria.
3. Notwithstanding subsection 1, a contractual limitation of vendor liability shall not
include any limitation on the liability of any vendor for intentional torts, criminal acts, or
fraudulent conduct.