North Dakota Code 51-07-30 – Customer contract clauses – Billing examples – Enforcement – Penalty
1. As used in this section:
Terms Used In North Dakota Code 51-07-30
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. “Customer” means a person that borrows, buys, leases, or obtains services or property under a service contract. The term does not include a government entity.
b. “Service contract” means a written agreement between a customer and a party acting in the usual course of business in which a customer borrows, buys, leases, or obtains personal property, real property, or services for valuable consideration.
c. “Terms and conditions” means general and special arrangements, provisions, requirements, rules, specifications, and standards that form an integral part of an agreement or contract.
2. If a service contract contains terms and conditions clauses, the service contract must be accepted by the customer for the service contract to be enforceable.
3. If a service contract contains a liquidated damages clause, the clause must provide specific examples of how any fees or charges will be calculated.
4. The attorney general may enforce this section. The attorney general, in enforcing this section, has the powers provided in chapter 51-15 and may seek the remedies in chapter 51-15. Each act in violation of this section constitutes a separate violation of chapter 51-15. The remedies, duties, prohibitions, and penalties of this section are not exclusive and are in addition to all other causes of action, remedies, and penalties in chapter 51-15, or otherwise provided by law.