Browse Arkansas Code titles and sections
4-96-305. Refund or replacement.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-96-305. Refund or replacement.
(a) If a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer does not conform farm machinery to the warranty as required under § 4-96-303, after notice of the nonconformity under § 4-96-303 by repairing or correcting one (1) or more nonconformities that substantially impair the farm machinery after a reasonable number of attempts, then, within thirty (30) days, the manufacturer or distributor shall:
(1) At the time of receipt of payment of a reasonable offset for use by the consumer, replace the farm machinery with comparable farm machinery acceptable to the consumer; or
(2) Repurchase the farm machinery from the buyer or lessor and refund to the buyer or lessor the full purchase price or lease price, less:
(A) A reasonable allowance for consumer use; and
(B) A reasonable offset for physical damage sustained by the farm machinery while under the ownership of the consumer.
(b) The replacement or refund under subsection (a) of this section shall include payment of all collateral charges and reasonably incurred incidental charges.
(c) A buyer has an unconditional right to choose a refund rather than a replacement under this subchapter.
(d) At the time of the refund or replacement, a consumer, lien holder, or lessor shall furnish clear title to and possession of the farm machinery to the manufacturer, distributor, or authorized dealer.
(e) The amount of reasonable allowance for consumer use is determined by the fair lease value of the farm machinery.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-96-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:4-96-305
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 36e471b49bd8b882be1ceeeaa4083419f03b3bd749931f722141298266a08081
Source location: content.xml paragraph 36493
Stored source content
4-96-305. Refund or replacement.
(a) If a manufacturer, an agent of a manufacturer, a distributor, or an authorized dealer does not conform farm machinery to the warranty as required under § 4-96-303, after notice of the nonconformity under § 4-96-303 by repairing or correcting one (1) or more nonconformities that substantially impair the farm machinery after a reasonable number of attempts, then, within thirty (30) days, the manufacturer or distributor shall:
(1) At the time of receipt of payment of a reasonable offset for use by the consumer, replace the farm machinery with comparable farm machinery acceptable to the consumer; or
(2) Repurchase the farm machinery from the buyer or lessor and refund to the buyer or lessor the full purchase price or lease price, less:
(A) A reasonable allowance for consumer use; and
(B) A reasonable offset for physical damage sustained by the farm machinery while under the ownership of the consumer.
(b) The replacement or refund under subsection (a) of this section shall include payment of all collateral charges and reasonably incurred incidental charges.
(c) A buyer has an unconditional right to choose a refund rather than a replacement under this subchapter.
(d) At the time of the refund or replacement, a consumer, lien holder, or lessor shall furnish clear title to and possession of the farm machinery to the manufacturer, distributor, or authorized dealer.
(e) The amount of reasonable allowance for consumer use is determined by the fair lease value of the farm machinery.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-96-303. Disclosure by seller.
(a)(1) When a consumer purchases or leases farm machinery from a seller, the seller shall at the time of purchase or lease transaction:
(A) Provide to the consumer a written statement that adequately discloses and explains the rights and obligations of a consumer under this subchapter;
(B) Obtain a signed acknowledgment from the consumer of the receipt of the written statement described in subdivision (a)(1)(A) of this section; and
(C) For self-propelled farm machinery, maintain copies of the consumer's signed acknowledgment for at least the period equal to the term of coverage of the manufacturer's warranty.
(2) It is a violation of this subchapter for a seller to fail to provide to a consumer the written statement required under subdivision (a)(1)(A) of this section.
(b)(1) The Consumer Protection Division of the office of the Attorney General shall prepare and make available, in either print or by electronic form, a written statement as described in subdivision (a)(1)(A) of this section that includes the telephone number of the division that the consumer can call to obtain information regarding his or her rights and obligations under this subchapter.
(2) It is a violation of this subchapter for a seller to fail to provide to a consumer the written statement described in subdivision (b)(1) of this section.
(c) For each failure of the seller to provide to a consumer the written statement required under this section or failure to retain a signed acknowledgement form, the seller shall be liable to the state for a civil penalty of not less than twenty-five dollars ($25.00) but no more than one thousand dollars ($1,000).
(d)(1) A seller shall clearly and conspicuously disclose to the consumer that written notice of a noncon
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-96-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-96-303. This identifies an authority to review, not proof of applicability.