325F.6654 MANUFACTURER'S DUTY TO REFUND OR REPLACE.
Subdivision 1. Duty.
(a) If the manufacturer or its authorized dealers are unable to make
the farm tractor conform to any applicable express written warranty by repairing or correcting
any condition which substantially impairs the use or market value of the farm tractor to the
consumer within the time periods and after the number of attempts specified in subdivision 2,
the manufacturer, through its authorized dealer who sold the farm tractor, shall, at the option
of the consumer, replace the farm tractor with a comparable one, charging the consumer only
a reasonable allowance for the consumer's use of the farm tractor, or accept the return of the
farm tractor from the consumer and refund to the consumer the cash purchase price, including
sales tax, license fees, registration fees, and any similar governmental charges, less a reasonable
allowance for prior use. Refunds shall be made to the consumer and lienholder, if any, as their
interests may appear in the county recorder's office. If no replacement or refund is made, the
consumer may bring a civil action to enforce the obligation. No action may be brought unless
the manufacturer has received prior direct written notification from or on behalf of the consumer
and has been offered an opportunity to cure the condition alleged within a reasonable time that
is not to exceed 60 business days.
(b) For a self-propelled vehicle, this section is limited to warranties on the engine and power
Subd. 2. When duty arises.
The replacement or refund obligation specified in subdivision 1
shall arise if the manufacturer or its authorized dealers are unable to make the farm tractor conform
to applicable express written warranties within the express written warranty term or during the
period of one year following the date of the original physical delivery of the farm tractor to the
consumer, whichever is the earlier date, and (1) the same nonconformity has been subject to
repair four or more times by the manufacturer or its authorized dealers, but such nonconformity
continues to exist; or (2) the farm tractor is out of service by reason of repair of the same
nonconformity for a cumulative total of 60 or more business days when the service department of
the authorized dealer in possession of the farm tractor is open for purposes of repair, provided that
days when the consumer has been provided by the manufacturer or its authorized dealers with the
use of another farm tractor which performs the same function shall not be counted.
History: 1986 c 422 art 2 s 4