§ 697-d. New farm equipment bill of rights. A supplier shall provide
the following notice, entitled "New Farm Equipment Bill of Rights" along
with a written copy of the provisions of this article, to its authorized
dealers in this state, and the dealer shall provide such bill of rights
to each consumer at the time of purchase or lease of farm equipment.
Such notice shall be printed in conspicuous ten point bold face type.
NEW FARM EQUIPMENT BILL OF RIGHTS (1) IN ADDITION TO ANY WARRANTIES PROVIDED FOR YOUR FARM EQUIPMENT,
YOUR NEW FARM EQUIPMENT, PURCHASED WITHIN OR OUTSIDE OF THIS STATE, IS
WARRANTED AGAINST ALL MATERIAL DEFECTS FOR ONE YEAR.
(2) YOU MUST REPORT ANY PROBLEMS TO THE WARRANTOR OR ITS DEALER IN
WRITING WITHIN THE WARRANTY PERIOD. ALTHOUGH, IF IN THE LAST THIRTY DAYS
OF THE WARRANTY, YOU ARE ONLY ABLE TO PROVIDE A VERBAL NOTICE, YOU WILL
HAVE UP TO THIRTY DAYS AFTER THE EXPIRATION OF THE WARRANTY TO PROVIDE A
WRITTEN NOTICE.
(3) A WARRANTOR OR A DEALER MAY NOT CHARGE FOR THE PARTS OR LABOR
INVOLVED IN THE REPAIR OF THE DEFECT WITHIN THE WARRANTY PERIOD.
(4) IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR ATTEMPTS DURING
THE WARRANTY PERIOD; OR IF YOUR EQUIPMENT IS OUT OF SERVICE TO REPAIR A
PROBLEM FOR A TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE
SUPPLIER OR ITS DEALER REFUSES TO REPAIR A SUBSTANTIAL DEFECT OR
CONDITION WITHIN TWENTY DAYS OF RECEIPT OF WRITTEN NOTICE SENT BY YOU TO
THE SUPPLIER; THEN YOU MAY BE ENTITLED, AT YOUR OPTION, TO EITHER
COMPARABLE FARM EQUIPMENT OR A REFUND OF YOUR PURCHASE PRICE FROM THE
WARRANTOR, MINUS A USE ALLOWANCE.
(5) A WARRANTOR MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY ABUSE,
NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE EQUIPMENT.
(6) A WARRANTOR MAY REFUSE TO EXCHANGE COMPARABLE EQUIPMENT OR REFUND
YOUR PURCHASE PRICE IF THE PROBLEM DOES NOT SUBSTANTIALLY IMPAIR THE
VALUE, SAFETY OR USE OF YOUR FARM EQUIPMENT.
(7) IF THE WARRANTOR DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU MAY
RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S FEES
IF YOU PREVAIL.
(8) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
(9) AS AN ALTERNATIVE TO THE ARBITRATION PROCEDURE MADE AVAILABLE
THROUGH THE WARRANTOR, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN
INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU WILL HAVE
TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER OFFICE
OR ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR INDEPENDENT
ARBITRATION.
