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Tennessee Code Title 47. Commercial Instruments and Transactions § 47-18-3101

Current as of January 02, 2024 | Updated by Findlaw Staff

As used in this part:

(1) “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;

(2) “Clear title” means legal ownership free from a perfected security interest or other perfected lien;

(3) “Comparable farm machinery” means an identical or substantially similar replacement piece of farm machinery;

(4) “Consumer” means:

(A) A person who purchases or leases a piece of new farm machinery for purposes other than resale; or

(B) A person entitled to enforce the obligations of a warranty during the quality assurance period;

(5) “Distributor” means any person who sells or distributes new and unused farm machinery to authorized dealers;

(6) “Express warranty” has the same meaning as described in § 47-2-313;

(7) “Farm machinery”:

(A) Means self-propelled equipment or machinery primarily designed and used for agricultural purposes purchased or leased by a consumer for the first time from a manufacturer, distributor, or authorized dealer; and

(B) Does not include an off-highway vehicle as defined in § 55-8-101(12) and (13), an all-terrain vehicle as defined in § 55-8-101(1), lawn tractors, or lawn mowers;

(8) “Full purchase price” means the cost paid by a consumer, including any collateral charge;

(9) “Manufacturer” means a person who manufactures, assembles, or imports new farm machinery;

(10) “Manufacturer's warranty” means a warranty given by the manufacturer of farm machinery against defects in the components and workmanship and a promise to cure defects;

(11) “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;

(B) Significantly impairs the use, value, or safe operation of the farm machinery; or

(C) Is not the result of abuse, neglect, or failure by a consumer to operate and maintain the farm machinery according to a manufacturer's operator manual or maintenance recommendations;

(12) “Person” means a natural person, partnership, corporation, association, trust, estate, or other legal entity;

(13) “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;

(B) Twelve (12) months after the date of delivery of any comparable farm machinery to a consumer; or

(C) After the first six hundred (600) hours of operation of the farm machinery by a consumer;

(14) “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;

(B) During any period of use of the farm machinery subsequent to the first report of nonconformity if the farm machinery is not out of service by reason of repair of a reported nonconformity; or

(C) Of any comparable farm machinery provided by the manufacturer, distributor, or an authorized dealer to a consumer while the farm machinery purchased by the consumer is out of service for repair of a reported nonconformity, but not less than the fair lease value of the farm machinery;

(15) “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; or

(B) Five (5) attempts to repair any nonconformity, the total cost of which equals at least fifty percent (50%) of the full purchase price of the farm machinery; and

(16) “Seller”:

(A) Means a person who sells, or contracts to sell, farm machinery at retail; and

(B) Includes an authorized dealer, distributor, or manufacturer.

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Cite this article: FindLaw.com - Tennessee Code Title 47. Commercial Instruments and Transactions § 47-18-3101 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-18-3101/

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