(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;
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.
