Section 3 - Requirements for third-party procurers

(a) Any third-party procurer any legal person that purchases, licenses, or otherwise acquires an AI system from a first-party developer
of an AI system from a first-party developer any legal person with direct involvement in the design, coding, training, or other development of an AI system
must verify that:
- (1) The AI system is suitable for the application for which the procurer intends to use the system, and
- (2) That the system has been tested by the first-party developer in situations sufficiently similar to those to which the system will be applied¹.
(b) The requirements of section 3(a) do not apply when:
- (1) The first-party developer has made an explicit warranty regarding the performance and applicability of the system to the procurer’s use case², or
- (2) The first-party developer agrees to assume the risk of any harms that may arise from the application of the system.

This verification can be as simple as ensuring that the intended use case is one that the first-party developer advertises or otherwise puts forward that its system can handle. ↩
Such warranties can be made in advertising material, websites, sales contracts, published model cards, or other documentation regarding the system being procured. ↩