It is an affirmative defense to a claim under this part that:

(1) A defect or condition does not substantially impair the use, value, or safety of the farm machinery;

Terms Used In Tennessee Code 47-18-3103

  • 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
  • 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
  • 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
  • Person: means a natural person, partnership, corporation, association, trust, estate, or other legal entity. See Tennessee Code 47-18-3101
(2) A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification of the farm machinery by a person other than the manufacturer, an agent of a manufacturer, the distributor, or an authorized dealer; or
(3) The consumer did not file a claim in good faith.
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