Subdivision 1. Application.
For the purpose of sections
following terms have the meanings given them.
Subd. 2. Farm tractor.
"Farm tractor" means any self-propelled vehicle which is designed
primarily for pulling or propelling agricultural machinery and implements and is used principally
in the occupation or business of farming, including an implement of husbandry, as defined in
169.01, subdivision 55
, that is self-propelled.
Subd. 3. Consumer.
"Consumer" means a purchaser, other than for purposes of resale, of a
new farm tractor, a person to whom the new farm tractor is transferred for the same purposes
during the duration of an express warranty applicable to the farm tractor and any other person
entitled by the terms of the warranty to enforce the terms of the warranty. In the case of an
agricultural vehicle within the warranty period, the sale must be made through an authorized
farm equipment dealer.
Subd. 4. Manufacturer.
"Manufacturer" means a person engaged in the business of
manufacturing, assembling, or distributing farm tractors, who under normal business conditions
during the year, manufactures, assembles, or distributes to dealers at least ten new farm tractors.
Subd. 5. Manufacturer's express warranty; warranty.
"Manufacturer's express warranty"
and "warranty" mean the written warranty of the manufacturer of a new farm tractor of its
condition and fitness for use, including any terms or conditions precedent to the enforcement
of obligations under that warranty.
Subd. 6. Fair rental value.
"Fair rental value" means the rental value calculated in
accordance with the "Tractor and Farm Equipment Trade-In Guide" published by the National
Farm and Power Equipment Dealers Association.
Subd. 7. Nonconformity.
"Nonconformity" means any condition of the farm tractor that
makes it impossible to use for the purpose for which it was intended.
Subd. 8. Reasonable allowance for prior use.
"Reasonable allowance for prior use" shall
mean no less than the fair rental value of the farm tractor and shall be the sum of:
(1) 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;
(2) that amount attributable to use by the consumer during any period subsequent to such
report of the reported nonconformity; and
(3) that amount attributable to use by the consumer of the farm tractor provided by the
manufacturer or its authorized dealers while the farm tractor is out of service by reason of repair
of the reported nonconformity.
History: 1986 c 422 art 2 s 1