359-F:2. Indemnification Obligation of Purchaser or Lessee.
I. In the event that a claim is asserted, or litigation is commenced, against a New Hampshire manufacturer by a party who alleges injury or damage caused, in whole or in part, by a New Hampshire product, the New Hampshire manufacturer shall be entitled to indemnification from the original purchaser or lessee or any subsequent owner or lessee of the New Hampshire product, in the event that the alleged injury or damage would not have occurred if:
(a) Guards or other safety devices supplied with the New Hampshire product had not been removed or otherwise rendered inoperative; or
(b) The New Hampshire product had been installed, operated and maintained either in accordance with the New Hampshire manufacturer's recommended instructions and procedures provided at the time of sale or lease of the New Hampshire product or in accordance with the New Hampshire manufacturer's recommended instructions and procedures related to subsequent safety enhancements of the New Hampshire product.
II. The indemnification obligation of the purchaser or lessee of the New Hampshire product under paragraph I applies to all judgments, settlements, costs and expenses, including attorneys' fees, rendered against or incurred by the New Hampshire manufacturer in the investigation, defense and settlement of claims and litigation as described in paragraph I. Such indemnification obligation shall exist whether the action or inaction described in subparagraph I(a) or (b), is attributable to the purchaser or lessee, or the officers, directors, employees, agents or contractors of either the purchaser or lessee.
III. The right to indemnification established in paragraph I shall be considered a matter of New Hampshire law, enforceable as such in any court or other forum of adjudication. Such right survives any subsequent sale or lease of the New Hampshire product, and remains enforceable so long as the New Hampshire manufacturer remains potentially liable for damages as a consequence of the action or inaction described in subparagraphs I(a) and (b).
IV. By virtue of the circumstances set forth in paragraph I of this section, the purchaser or lessee of a New Hampshire product shall be subject to and hereby voluntarily submits to the "in personam" jurisdiction of the New Hampshire courts. This chapter shall apply to all purchasers or lessees of New Hampshire products, regardless of the domicile of such purchasers or lessees or the locations where the New Hampshire products are utilized. Service of process on a nonresident defendant may be effected in accordance with the provisions of RSA 510:4.
V. A New Hampshire manufacturer may assert its claim or join a purchaser or lessee of a New Hampshire product in the underlying action or may commence a separate indemnification action against the purchaser or lessee. The "preponderance of the evidence" standard shall be applied to the factual determination contemplated by paragraph I.
VI. Any written original sale or lease contract for a New Hampshire product shall contain a notice in substantially the following form: "A right to indemnification for losses caused by abuse or misuse of this product is established by New Hampshire law, pursuant to chapter 359-F of the New Hampshire Revised Statutes Annotated."
Source. 1993, 257:1, eff. Jan. 1, 1994.
