(a) At the consumer‘s discretion, a manufacturer shall replace farm machinery with comparable farm machinery or accept return of the farm machinery from a consumer and refund to the consumer the full purchase price and related repair costs specific to the machinery, less a reasonable allowance for use and a reasonable offset for physical damage to the farm machinery caused by the consumer, if:

Terms Used In Tennessee Code 47-18-3102

  • 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
  • Clear title: means legal ownership free from a perfected security interest or other perfected lien. 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
  • 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
  • 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
  • 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
  • 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. See Tennessee Code 47-18-3101
  • 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. See Tennessee Code 47-18-3101
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(1) The consumer provides written notice by certified mail to the manufacturer, distributor, or authorized dealer that a piece of farm machinery does not conform to an applicable express warranty or manufacturer’s warranty during the quality assurance period;
(2) The nonconformity substantially impairs the use of the farm machinery; and
(3) The manufacturer, its agent, the distributor, or the authorized dealer cannot conform the farm machinery to an applicable express warranty or manufacturer’s warranty after a reasonable number of repair attempts.
(b) The consumer shall furnish possession of the nonconforming farm machinery to the manufacturer, distributor, or authorized dealer at the time of a refund or replacement. If a refund is made, then the refund must be made to the consumer, and lien holder or holder of a security interest, if any, as their interest may appear. If a replacement is made, then a consumer, lien holder, or lessor shall furnish clear title to, and possession of, the farm machinery to the manufacturer, distributor, or authorized dealer.
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