§ 99B-2. Seller's opportunity to inspect; privity requirements for warranty claims. - North Carolina Statutes

§99B‑2.  Seller's opportunity to inspect; privity requirements forwarranty claims.

(a)        No productliability action, except an action for breach of express warranty, shall becommenced or maintained against any seller when the product was acquired andsold by the seller in a sealed container or when the product was acquired andsold by the seller under circumstances in which the seller was afforded noreasonable opportunity to inspect the product in such a manner that would haveor should have, in the exercise of reasonable care, revealed the existence ofthe condition complained of, unless the seller damaged or mishandled theproduct while in his possession; provided, that the provisions of this sectionshall not apply if the manufacturer of the product is not subject to thejurisdiction of the courts of this State or if such manufacturer has beenjudicially declared insolvent.

(b)        A claimant who is abuyer, as defined in the Uniform Commercial Code, of the product involved, orwho is a member or a guest of a member of the family of the buyer, a guest ofthe buyer, or an employee of the buyer may bring a product liability actiondirectly against the manufacturer of the product involved for breach of impliedwarranty; and the lack of privity of contract shall not be grounds for thedismissal of such action. (1979, c. 654, s. 1; 1989, c. 420; 1995, c. 522, s.1.)