As used in this part:

(1) “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;
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Terms Used In Tennessee Code 47-18-3101

  • 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
  • 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
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a natural person, partnership, corporation, association, trust, estate, or other legal entity. 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
(2) “Clear title” means legal ownership free from a perfected security interest or other perfected lien;
(3) “Comparable farm machinery” means an identical or substantially similar replacement piece of farm machinery;
(4) “Consumer” means:

(A) A person who purchases or leases a piece of new farm machinery for purposes other than resale; or
(B) A person entitled to enforce the obligations of a warranty during the quality assurance period;
(5) “Distributor” means any person who sells or distributes new and unused farm machinery to authorized dealers;
(6) “Express warranty” has the same meaning as described in § 47-2-313;
(7) “Farm machinery”:

(A) Means self-propelled equipment or machinery primarily designed and used for agricultural purposes purchased or leased by a consumer for the first time from a manufacturer, distributor, or authorized dealer; and
(B) Does not include an off-highway vehicle as defined in § 55-8-101(12) and (13), an all-terrain vehicle as defined in § 55-8-101(1), lawn tractors, or lawn mowers;
(8) “Full purchase price” means the cost paid by a consumer, including any collateral charge;
(9) “Manufacturer” means a person who manufactures, assembles, or imports new farm machinery;
(10) “Manufacturer’s warranty” means a warranty given by the manufacturer of farm machinery against defects in the components and workmanship and a promise to cure defects;
(11) “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;
(B) Significantly impairs the use, value, or safe operation of the farm machinery; or
(C) Is not the result of abuse, neglect, or failure by a consumer to operate and maintain the farm machinery according to a manufacturer’s operator manual or maintenance recommendations;
(12) “Person” means a natural person, partnership, corporation, association, trust, estate, or other legal entity;
(13) “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;
(B) Twelve (12) months after the date of delivery of any comparable farm machinery to a consumer; or
(C) After the first six hundred (600) hours of operation of the farm machinery by a consumer;
(14) “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;
(B) During any period of use of the farm machinery subsequent to the first report of nonconformity if the farm machinery is not out of service by reason of repair of a reported nonconformity; or
(C) Of any comparable farm machinery provided by the manufacturer, distributor, or an authorized dealer to a consumer while the farm machinery purchased by the consumer is out of service for repair of a reported nonconformity, but not less than the fair lease value of the farm machinery;
(15) “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; or
(B) Five (5) attempts to repair any nonconformity, the total cost of which equals at least fifty percent (50%) of the full purchase price of the farm machinery; and
(16) “Seller”:

(A) Means a person who sells, or contracts to sell, farm machinery at retail; and
(B) Includes an authorized dealer, distributor, or manufacturer.
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