(a) At the consumer‘s discretion, a manufacturer shall replace farm machinery with comparable farm machinery or accept return of the farm machinery from a consumer and refund to the consumer the full purchase price and related repair costs specific to the machinery, less a reasonable allowance for use and a reasonable offset for physical damage to the farm machinery caused by the consumer, if:

contract signature

Ask a consumer protection question, get an answer ASAP!
Thousands of highly rated, verified consumer protection lawyers.
Help with credit card debt, collections, defective products
Get help with bankruptcy, filing complaints, extended warranties & more
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 47-18-3102

  • Authorized dealer: means an individual, corporation, or limited liability company authorized by a manufacturer or distributor to sell, barter, or exchange a particular make of new farm machinery. See Tennessee Code 47-18-3101
  • Clear title: means legal ownership free from a perfected security interest or other perfected lien. See Tennessee Code 47-18-3101
  • Comparable farm machinery: means an identical or substantially similar replacement piece of farm machinery. See Tennessee Code 47-18-3101
  • Consumer: means :
    (A) A person who purchases or leases a piece of new farm machinery for purposes other than resale. See Tennessee Code 47-18-3101
  • Distributor: means any person who sells or distributes new and unused farm machinery to authorized dealers. See Tennessee Code 47-18-3101
  • Full purchase price: means the cost paid by a consumer, including any collateral charge. See Tennessee Code 47-18-3101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Manufacturer: means a person who manufactures, assembles, or imports new farm machinery. See Tennessee Code 47-18-3101
  • Nonconformity: means any defect or condition affecting a piece of farm machinery that:
    (A) Does not conform with the terms of an express warranty issued by a manufacturer to a consumer. See Tennessee Code 47-18-3101
  • Quality assurance period: means the earliest of the following:
    (A) Twelve (12) months after the date of delivery of new farm machinery to a consumer. See Tennessee Code 47-18-3101
  • Reasonable allowance for use: means an amount attributable to use by a consumer:
    (A) Before the consumer's first report of a nonconformity to a manufacturer, distributor, or authorized dealer. See Tennessee Code 47-18-3101
  • Reasonable number of repair attempts: means :
    (A) Three (3) attempts to repair the same nonconformity, the total cost of which equals at least thirty percent (30%) of the full purchase price of the farm machinery. See Tennessee Code 47-18-3101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The consumer provides written notice by certified mail to the manufacturer, distributor, or authorized dealer that a piece of farm machinery does not conform to an applicable express warranty or manufacturer’s warranty during the quality assurance period;
(2) The nonconformity substantially impairs the use of the farm machinery; and
(3) The manufacturer, its agent, the distributor, or the authorized dealer cannot conform the farm machinery to an applicable express warranty or manufacturer’s warranty after a reasonable number of repair attempts.
(b) The consumer shall furnish possession of the nonconforming farm machinery to the manufacturer, distributor, or authorized dealer at the time of a refund or replacement. If a refund is made, then the refund must be made to the consumer, and lien holder or holder of a security interest, if any, as their interest may appear. If a replacement is made, then a consumer, lien holder, or lessor shall furnish clear title to, and possession of, the farm machinery to the manufacturer, distributor, or authorized dealer.
  Previous section
Next section  
 Part 31 Contents