Missouri Farm Lemon Law

Definitions.

407.585. As used in sections 407.585 to 407.592, the following terms mean:

(1) “Collateral charges”, those additional charges to a consumer not directly attributable to a manufacturer’s suggested retail price label for farm machinery;

(2) “Comparable farm machinery”, an identical or reasonably equivalent piece of farm machinery;

(3) “Consumer”, the purchaser, other than for the purposes of resale, of new farm machinery, primarily used for agricultural purposes, and any person to whom such new farm machinery is transferred for the same purposes during the duration of an express warranty applicable to such new farm machinery, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty;

(4) “Express warranty”, any written affirmation of fact or promise made by a manufacturer to a consumer in connection with the sale of new farm machinery which relates to the nature of the material or workmanship or will meet a specified level of performance over a specified period of time. For the purposes of sections 407.585 to 407.592, express warranties do not include implied warranties;

(5) “Farm machinery”, any self-propelled equipment or machinery used for agricultural purposes being transferred for the first time from a manufacturer, distributor or new farm machinery dealer, which has not been registered or titled in this state or any other state and which is offered for sale, barter or exchange by a dealer who is franchised to sell, barter or exchange that particular make of new farm machinery; “new farm machinery” as defined in sections 407.585 to 407.592 shall include farm machinery propelled by power other than muscular power, but the term shall not include off-road vehicles other than self-propelled equipment and machinery used for agricultural purposes;

(6) “Manufacturer”, any person engaged in the manufacturing or assembling of new farm machinery as a regular business;

(7) “Nonconformity”, any condition of the farm machinery that makes it impossible to use for the purpose for which it was intended;

(8) “Reasonable allowance for consumer use”:

(a) That amount attributable to use by the consumer prior to the consumer’s first report of the nonconformity to the manufacturer or its authorized dealers;

(b) That amount attributable to use by the consumer during any period subsequent to such report when the farm machinery is not out of service by reason of repair of the reported nonconformity; and

(c) That amount attributable to use by the consumer of the farm machinery provided by the manufacturer or its authorized dealer. While the machine is out of service by reason of repair of the reported nonconformity, but in any event not less than the fair rental value of the farm machinery.

Law applicable to breach of new farm machinery warranties–report of nonconformity required, when–repairs, duty of manufacturer or agent, when.

407.586. 1. The provisions of sections 400.2-602 to 400.2-609*, RSMo, shall not apply to sales of new farm machinery and such sales shall be governed by the provisions of sections 407.585 to 407.592.

2. For the purposes of sections 407.585 to 407.592, if new farm machinery does not conform to all applicable express warranties, and the consumer reports the nonconformity to the manufacturer, or its agent during the term of such express warranties, or during the period of one year following the date of original delivery of the new farm machinery to the consumer, whichever period expires earlier, the manufacturer, or its agent, shall make such repairs as are necessary to conform the new machinery to such express warranties, notwithstanding the fact that such repairs are made after the expiration of such term or such one-year period.

Replacement of farm machinery or refund of purchase price, when–allowance deducted for consumer’s use–refund made to whom.

407.588. 1. If the manufacturer, or its agent, cannot conform the new farm machinery to any applicable express warranty by repairing or correcting any default or condition which substantially impairs the use or market value of the new farm machinery to the consumer after a reasonable number of attempts, the manufacturer shall give the consumer the option of having the manufacturer either replace the new farm machinery with a comparable new farm machinery acceptable to the consumer, or take title of the machine from the consumer and refund to the consumer the full purchase price, including all reasonably incurred collateral charges, less a reasonable allowance for the consumer’s use of the machine. The subtraction of a reasonable allowance for use shall apply when either a replacement or refund of the new farm machinery occurs.

2. Refunds shall be made to the consumer and lienholder of record, if any, as their interests may appear.

Affirmative defenses.

407.589. 1. It shall be an affirmative defense to any claim under sections 407.585 to 407.592 that:

(1) An alleged nonconformity does not substantially impair the use, market value, or safety of the farm machinery;

(2) A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a farm machinery by a consumer;

(3) A claim by a consumer was not filed in good faith; or

(4) Any other affirmative defense allowed by law.

2. It shall be presumed that a reasonable number of attempts have been undertaken to conform a new farm machine to the applicable express warranties if within the terms, conditions, or limitations of the express warranty, or during the period of one year following the date of original delivery of the new farm machinery to a consumer, whichever expires earlier, either:

(1) The same nonconformity has been subject to repair five or more times by the manufacturer, or its agents, and such nonconformity continues to exist; or

(2) The new farm machinery is out of service by reason of repair of the nonconformity by the manufacturer, or its agents, for a cumulative total of thirty or more working days, exclusive of down time for routine maintenance as prescribed by the manufacturer, since delivery of the new farm machinery to the consumer. The thirty-day period may be extended by a period of time during which repair services are not available to the consumer because of conditions beyond the control of the manufacturer or its agents.

Information on remedies to be furnished consumer–notice of complaint to manufacturer required–manufacturer’s duties, time limitation–farm machinery furnished to consumer, when–costs to dealer to be reimbursed, actions brought when.

407.590. 1. The manufacturer shall provide information for consumer complaint remedies with each new farm machinery. It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of sections 407.585 to 407.592, to give written notification to the manufacturer of the need for the repair of the nonconformity, in order to allow the manufacturer an opportunity to cure the alleged defect. The manufacturer shall immediately notify the consumer of a reasonably accessible repair facility of a franchised new farm machinery dealer to conform the new farm machinery to the express warranty. After delivery of the new farm machinery to an authorized repair facility by the consumer, the manufacturer shall have thirty calendar days to conform the new farm machinery to the express warranty in appropriate seasonable use times, and sixty days in other times. The department of agriculture shall designate appropriate seasonal use times for all machinery covered by the provisions of sections 407.585 to 407.592. Upon notification from the consumer that the new farm machinery has not been conformed to the express warranty, the manufacturer shall inform the consumer if an informal dispute settlement procedure has been established by the manufacturer. However, if prior notice by the manufacturer of an informal dispute settlement procedure has been given, no further notice is required. In the event any repairs which may be required under any warranty takes more than fourteen working days to complete, then said manufacturer shall supply at no cost a like piece of farm machinery for use by the consumer if requested by the consumer during said time of repair. Any costs incurred by a dealer under the provisions of sections 407.585 to 407.592 shall be reimbursed to the dealer by the manufacturer.

2. Any action brought under sections 407.585 to 407.592 shall be commenced within six months following expiration of the terms, conditions, or limitations of the express warranty, or within eighteen months following the date of original delivery of the new farm machinery to a consumer, whichever is earlier, or, in the event that a consumer resorts to an informal dispute settlement procedure as provided in sections 407.585 to 407.592, within ninety days following the final action of any panel established pursuant to such procedure. In the event an action is brought under the provisions of sections 407.585 to 407.592 the prevailing party shall be allowed to recover any court costs and reasonable attorneys fees.

Law applicable to machinery sold after January 1, 1988, not to affect prior contracts–dealers reimbursed for labor, rate.

407.592. Sections 407.585 to 407.592 shall apply to any new farm machinery sold after January 1, 1988, but no provision of sections 407.585 to 407.592 shall operate or be construed to invalidate, impair, or otherwise infringe upon the specific requirements of any contract between a dealer and a manufacturer entered into prior to September 28, 1987, and which is in effect on September 28, 1987; provided, however, that in any case wherein warranty repair work is performed for a consumer by a farm equipment dealer under the provisions of a manufacturer’s express warranty, the manufacturer shall reimburse the dealer at an hourly labor rate that is the same or greater than the hourly labor rate the dealer currently charges consumers for nonwarranty repair work. The dealer may accept the manufacturer’s reimbursement terms and conditions in lieu of the above.

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