(1) (a) Notwithstanding any statutory provision to the contrary, all actions for or on account of personal injury, death, or property damage brought against a person or entity on account of the design, assembly, fabrication, production, or construction of new manufacturing equipment, or any component part thereof, or involving the sale or lease of such equipment shall be brought within the time provided in section 13-80-102 and not thereafter.
Except as provided in paragraph (c) of this subsection (1), no such action shall bebrought on a claim arising more than seven years after such equipment was first used for its intended purpose by someone not engaged in the business of manufacturing, selling, or leasing such equipment, except when the claim arises from injury due to hidden defects or prolonged exposure to hazardous material.
The time limitation specified in paragraph (b) of this subsection (1) shall not apply ifthe manufacturer, seller, or lessor intentionally misrepresented or fraudulently concealed any material fact concerning said equipment which is a proximate cause of the injury, death, or property damage.
As used in this section, "manufacturing equipment" means equipment used in theoperation or process of producing a new product, article, substance, or commodity for the purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process.
The provisions of subsection (1) of this section shall not apply to a claim against amanufacturer, seller, or lessor, who, in an express written warranty, warranted manufacturing equipment to be free of defects in design, manufacture, or materials for a period of time greater than that set forth in paragraph (b) of subsection (1) of this section, if the injury complained of occurred and the claim for relief arose during the period of the express written warranty.
The provisions of subsection (1) of this section shall not be applicable to indemnityactions brought by a manufacturer, seller, or lessor of manufacturing equipment or any other product against any other person who is or may be liable to said manufacturer, seller, or lessor for all or a portion of any judgment rendered against said manufacturer, seller, or lessor.
Source: L. 86: Entire article R&RE, p. 699, § 1, effective July 1. L. 87: (1)(a) amended,
p. 568, § 5, effective July 1; (1)(a) amended, p. 594, § 19, effective July 10.
Editor's note: This section is similar to former § 13-80-127.6 as it existed prior to 1986.