Chapter Two - Consumer Interests
Section One – Health and Safety Safeguards
Traders engaging in designing, producing or manufacturing of goods or in the provisions of services, shall ensure that goods or services provided meet and comply with the contemporary technical and professional standards with reasonably expected safety requirements when placing the goods into the stream of commerce, or at the time rendering services.
All safety warnings and emergency response manuals shall be marked or labeled conspicuously on the goods or services provided which may cause harm to the lives, bodies, health or properties of consumers.
Traders shall be jointly and severally liable in violating the foregoing paragraphs and thereby causing injury or damage to consumers or third parties, provided that if traders can prove that they have not been negligent, the court may reduce damages.
Trader shall bear the burden of proof where he claims that the goods or services provided meet and comply with the contemporary technical and professional standards of reasonably expected safety requirements when placing the goods into the stream of commerce, or at the time rendering services.
Goods or services cannot be considered non-compliance with the safety requirements described in the previous paragraph for the sole reason that safer goods or services are subsequently available.
For injuries and damages caused by goods or services provided, traders engaging in distributing and marketing goods shall be jointly and severally liable with those engaging in designing, producing or manufacturing, except for traders engaging in distributing and marketing goods who exercise due care for prevention of such injuries and damages; or injuries and damages would still have occurred even if due care had exercised.
Traders, referred in the previous paragraph, repack goods, alter the packaging of goods or the content of services shall be deemed as the traders set forth in the Article 7.
Traders engaging in the importation of goods or services shall be construed as designers, producers or manufacturers of such goods or providers of such services and bear the same liability as producers in accordance with Article 7 of this act.
Trader shall immediately recall the goods or discontinue the services provided when there are sufficient facts support that such goods or services may present potential dangers to the health and safety of the consumers, except for traders have adopted necessary measures sufficient to remove or prevent such harm or danger.
Where goods or services pose potential dangers to the life, health or properties of the consumers and in the absence of any safety warning and emergency response manual marked or labeled conspicuously on the goods or services provided, the previous paragraph shall apply mutatis mutandis.
Traders set out in this section are prohibited to exclude or restrict liability as against consumers or third parties in advance.