Effective 28 Aug 1987

407.590. 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. — 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.

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(L. 1987 H.B. 76 § 5)