12-4-125 - Procedures for limitation of liability and warranty in state contracts.

12-4-125. Procedures for limitation of liability and warranty in state contracts.

Notwithstanding any law to the contrary, the Tennessee board of regents and the University of Tennessee system are authorized to:

     (1)  Develop procedures to apply the policy of § 12-4-119 to their constituent institutions, including procedures describing the circumstances in which limitations below two (2) times the value of the contract are permitted and procedures for obtaining permission from the appropriate official of the Tennessee board of regents or the University of Tennessee;

     (2)  Purchase software for use restricted solely to academic teaching or research upon terms that may limit the contractor's liability or warranties; provided, that, in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct; and

     (3)  Acquire software or services, materials, supplies and equipment free or at nominal cost upon terms that may limit the contractor's liability or warranties; provided, that, in no event, shall the liability of the contractor be limited for intentional torts, criminal acts or fraudulent conduct.

[Acts 2009, ch. 295, § 1.]