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Title XXVI TRADE AND COMMERCE

Chapter 407

previous next Effective - 28 Aug 1987bottom

  407.585.  Definitions. — As used in sections 407.585 to 407.592, the following terms mean:

  (1)  "Collateral charges", those additional charges to a consumer not directly attributable to a manufacturer's suggested retail price label for farm machinery;

  (2)  "Comparable farm machinery", an identical or reasonably equivalent piece of farm machinery;

  (3)  "Consumer", the purchaser, other than for the purposes of resale, of new farm machinery, primarily used for agricultural purposes, and any person to whom such new farm machinery is transferred for the same purposes during the duration of an express warranty applicable to such new farm machinery, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty;

  (4)  "Express warranty", any written affirmation of fact or promise made by a manufacturer to a consumer in connection with the sale of new farm machinery which relates to the nature of the material or workmanship or will meet a specified level of performance over a specified period of time.  For the purposes of sections 407.585 to 407.592, express warranties do not include implied warranties;

  (5)  "Farm machinery", any self-propelled equipment or machinery used for agricultural purposes being transferred for the first time from a manufacturer, distributor or new farm machinery dealer, which has not been registered or titled in this state or any other state and which is offered for sale, barter or exchange by a dealer who is franchised to sell, barter or exchange that particular make of new farm machinery; "new farm machinery" as defined in sections 407.585 to 407.592 shall include farm machinery propelled by power other than muscular power, but the term shall not include off-road vehicles other than self-propelled equipment and machinery used for agricultural purposes;

  (6)  "Manufacturer", any person engaged in the manufacturing or assembling of new farm machinery as a regular business;

  (7)  "Nonconformity", any condition of the farm machinery that makes it impossible to use for the purpose for which it was intended;

  (8)  "Reasonable allowance for consumer use":

  (a)  That amount attributable to use by the consumer prior to the consumer's first report of the nonconformity to the manufacturer or its authorized dealers;

  (b)  That amount attributable to use by the consumer during any period subsequent to such report when the farm machinery is not out of service by reason of repair of the reported nonconformity; and

  (c)  That amount attributable to use by the consumer of the farm machinery provided by the manufacturer or its authorized dealer.  While the machine is out of service by reason of repair of the reported nonconformity, but in any event not less than the fair rental value of the farm machinery.

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(L. 1987 H.B. 76 § 1)


---- end of effective   28 Aug 1987 ----

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