4-96-302. Definitions.

4-96-302. Definitions. As used in this subchapter: (1) “Authorized dealer” means an individual, corporation, or limited liability company authorized by the manufacturer or distributor to sell, barter, or exchange a particular make of new farm machinery; (2) “Collateral charges” means any reasonable additional charge to a consumer not directly attributable to the aggregate purchase price of the farm machinery; (3) “Comparable farm machinery” means an identical or reasonable replacement piece of farm machinery; (4) “Consumer” means a purchaser or lessee of new farm machinery, other than for purposes of resale, or a person entitled to enforce the obligations of the warranty during the duration of the farm machinery quality assurance period; (5)(A) “Farm machinery” means self-propelled equipment or machinery typically used for agricultural purposes that is purchased or leased for the first time from a manufacturer, distributor, or an authorized dealer. (B) “Farm machinery” includes farm machinery propelled by power other than physical power if the farm machinery is not an off-road vehicle, an all-terrain vehicle, as defined under § 27-21-102, equipment under twenty-five horsepower (25 h.p.), lawn tractors, or lawn mowers; (6) “Farm machinery quality assurance period” means a period of time that: (A) Begins: (i) On the date of original delivery of farm machinery; or (ii) In the case of a replacement piece of farm machinery provided by a manufacturer to a consumer under this subchapter, on the date of delivery of the replacement vehicle to the consumer; and (B) Ends twelve (12) months after the date of the original delivery of the farm machinery to a consumer, or the first six hundred (600) hours of operation attributable to the consumer, whichever is earlier; (7) “Nonconformity” means any condition 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 safety of the farm machinery; and (C) Does not arise or occur as a result of abuse or neglect, including without limitation failure to operate and maintain the farm machinery according to the manufacturer's operator manual and recommended maintenance of the farm machinery; (8) “Reasonable allowance for consumer use” means an amount attributable to use by a consumer: (A) Before the consumer's first report of the nonconformity to the manufacturer or authorized dealer of the farm machinery; (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 the reported nonconformity; and (C) Of the farm machinery provided by the manufacturer or its authorized dealer while the farm machinery is out of service by reason of repair of the reported nonconformity, but not less than the fair lease value of the farm machinery; (9) “Seller” means a retail seller of the farm machinery as evidenced by the purchase order or lease agreement, that may be a dealer, distributor, manufacturer, or manufacturer's agent; and (10)(A) “Warranty” means a written warranty, as labeled, issued by a manufacturer of new farm machinery or an affirmation of fact or promise made by the manufacturer, including any terms or conditions precedent to the enforcement of obligations under that warranty in connection with the sale or lease of farm machinery to a consumer concerning the nature of the material or workmanship that affirms or promises that the material or workmanship is free of defects or will meet a specified level of performance. (B) “Warranty” does not include a statement or expression made by an authorized dealer.