Notwithstanding the terms of any manufacturer-dealer agreement, it is a violation of this chapter for:

1. (1) A warrantor to fail to indemnify and hold harmless its new recreational equipment dealer against any losses or damages to the extent that the losses or damages are caused by the negligence or wilful misconduct of the warrantor. A new recreational equipment dealer may not be denied indemnification for failing to discover, disclose, or remedy a defect in the design or manufacturing of new recreational equipment. A new recreational equipment dealer may be denied indemnification if the new recreational equipment dealer fails to remedy a known and announced defect in accordance with the written instructions of a warrantor for whom the new recreational equipment dealer is obligated to perform warranty service. A new recreational equipment dealer shall provide to a warrantor a copy of any pending lawsuit in which allegations are made that are covered by the provisions of this paragraph (1) within 10 days after receiving such suit. Notwithstanding anything to the contrary, this paragraph (1) continues to apply even after the new recreational equipment is titled.
2. (2) A new recreational equipment dealer to fail to indemnify and hold harmless its warrantor against any losses or damages to the extent that the losses or damages are caused by the negligence or wilful misconduct of the new recreational equipment dealer. A warrantor shall provide to a new recreational equipment dealer a copy of any pending lawsuit or similar proceeding in which allegations are made that come within the provisions of this paragraph (2) within 10 days after receiving such suit. Notwithstanding anything to the contrary, this paragraph (2) continues to apply even after the new recreational equipment is titled.

85 Del. Laws, c. 437, § 1