Consumer Affairs Act (Cap. 378)
Consumer Affairs Act (Cap. 378), article 62
62. The producer shall not be liable under this Part if he
proves -
(a) that he did not put the product into circulation, or
(b) that, having regard to the circumstances, it is probable
that the defect which caused the damage did not exist
at the time when the product was put into circulation
by him or that this defect came into being afterwards,
or
(c) that the product was neither manufactured by him for
sale or for any form of distribution for an economic
purpose nor manufactured or distributed by him in the
course of his business or trade, or
(d) that the defect in question is due to compliance with a
mandatory requirement imposed by law or by a public
authority, or
(e) that the state of scientific and technical knowledge at
the time when he put the product into circulation was
not such as to enable the existence of the defect to be
discovered, or
(f) in the case of the manufact urer of a component or the
producer of a raw material, that the defect is
attributable to the design of the product in which the
component has been fitted or the raw material has been
incorporated or to the instruction given by the
manufacturer o f the product.
Provisional
payment of referee.
Added by:
XXVI. 2000.15.
Cap. 12.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.