317Distributor—retailer mutual indemnity

317 Distributor—retailer mutual indemnity

317 Distributor—retailer mutual indemnity

(1) Subject to section 316 and any applicable laws, if a shared customer seeks to recover any loss or damage by action against a retailer in a court of competent jurisdiction, the distributor—

(a) indemnifies the retailer to the extent that the damage suffered by the customer arises from the act or omission of the distributor; but

(b) does so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the distributor, its servants or agents or involves bad faith on the part of the distributor or its servants or agents.

(2) Subject to section 316 and any applicable laws, if a shared customer seeks to recover any loss or damage by action against a distributor in a court of competent jurisdiction, the retailer—

(a) indemnifies the distributor to the extent that the damage suffered by the customer arises from the act or omission of the retailer; but

(b) does so only to the extent that the act or omission arises from the negligence or breach of statutory duty of the retailer, its servants or agents or involves bad faith on the part of the retailer or its servants or agents.