(a) Notwithstanding the terms, provisions or conditions of any agreement or franchise, the manufacturer is liable for all damages to motor vehicles before delivery to a carrier or transporter.
(b) If a new motor vehicle dealer determines the method of transportation, the risk of loss passes to the dealer upon delivery of the vehicle to the carrier.
(c) In every other instance, the risk of loss remains with the manufacturer until such time as the new motor vehicle dealer or a designee accepts the vehicle from the carrier.
Structure Delaware Code
Chapter 49. MOTOR VEHICLE FRANCHISING PRACTICES
§ 4901. Declaration of purpose.
§ 4903. Sales incentives; warranty and predelivery obligations to new motor vehicle dealers.
§ 4904. Liability for transportation damages.
§ 4905. Product liability indemnification.
§ 4906. Termination, cancellation or nonrenewal of franchise — Requisites.
§ 4907. Termination, cancellation or nonrenewal of franchise — Compensation by manufacturer.
§ 4908. Termination, cancellation or nonrenewal of franchise — Dealership facilities assistance.
§ 4909. Succession to ownership of new motor vehicle dealer.
§ 4910. Sale of dealership franchise, notice to franchiser, and right of first refusal.
§ 4912. Written designation of succession unaffected.
§ 4913. Unlawful acts by manufacturers.
§ 4914. Validity of certain agreements.
§ 4915. Limitations on establishing or relocating dealers.
§ 4916. Civil actions for violations.
§ 4917. Applicability of chapter.