Affirmative defenses
This law covers what happens when someone buys new farm machinery that has problems. A seller or maker of farm machinery has a defense (a legal reason to not be held responsible) if the problem does not really hurt how the machinery works, its value, or safety. They also have a defense if the consumer broke or misused the machinery, or if the consumer's claim was not honest. The law also sets a rule: if the same problem has been repaired 5 or more times and still is not fixed, or if the machinery has been in the shop for 30 or more working days total within the first year, it is assumed the maker had a fair number of chances to fix it and failed.
407.589. s. — 1. It shall be an affirmative defense to any under sections 407.585 to 407.592 that:
(1) An alleged does not substantially impair the use, , or safety of the farm machinery;
(2) A nonconformity is the result of , , or unauthorized modifications or alterations of a farm machinery by a ;
(3) A claim by a consumer was not filed ; or
(4) Any other affirmative defense allowed by law.
2. It shall be that a reasonable number of attempts have been undertaken to a new farm machine to the applicable if within the terms, conditions, or limitations of the , or during the period of one year following the date of original 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 , or its agents, and such nonconformity continues to exist; or
(2) The new farm machinery is by reason of repair of the nonconformity by the manufacturer, or its agents, for a of thirty or more working days, of down time for routine 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 s are not available to the consumer because of conditions beyond the control of the manufacturer or its agents.
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Source & history notes
(L. 1987 H.B. 76 § 4 subsecs. 3, 4)
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