(a) A consumer may bring a civil action to enforce this part in a court of competent jurisdiction. A consumer must bring a legal action under this section within two (2) years after the date the consumer first reports a nonconformity to a manufacturer, an agent of a manufacturer, or an authorized dealer.

Terms Used In Tennessee Code 47-18-3104

  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
(b) This part does not limit the rights or remedies available to a consumer under any other applicable law.
(c) If a consumer prevails in a legal proceeding under this part, then the consumer may recover, as part of the judgment, a sum equal to the aggregate amount of costs and expenses, including attorney’s fees, based on:

(1) Actual time expended by an attorney; and
(2) Charges reasonably incurred by the consumer in connection with the commencement and prosecution of an action under this section as determined by a court.
(d) Before filing a legal action to enforce this part in a court of competent jurisdiction, the consumer and the manufacturer, distributor, or authorized dealer may, upon mutual agreement and in good faith, attempt to resolve any issue or claim in dispute through the use of an impartial third-party mediator.
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