§ 407.589 — Affirmative defenses.

Missouri § 407.589

• Jurisdiction: Missouri
• Title XXVI: TRADE AND COMMERCE
• Ch. 407: Merchandising Practices

Text

1.  It shall be an affirmative defense to any claim under sections 407.585 to 407.592 that:

(1)  An alleged nonconformity does not substantially impair the use, market value, or safety of the farm machinery;

(2)  A nonconformity is the result of abuse, neglect, or unauthorized modifications or alterations of a farm machinery by a consumer;

(3)  A claim by a consumer was not filed in good faith; or

(4)  Any other affirmative defense allowed by law.

2.  It shall be presumed that a reasonable number of attempts have been undertaken to conform a new farm machine to the applicable express warranties if within the terms, conditions, or limitations of the express warranty, or during the period of one year following the date of original delivery 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 manufacturer, or its agents, and such nonconformity continues to exist; or

(2)  The new farm machinery is out of service by reason of repair of the nonconformity by the manufacturer, or its agents, for a cumulative total of thirty or more working days, exclusive of down time for routine maintenance 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 services are not available to the consumer because of conditions beyond the control of the manufacturer or its agents.

Legislative History

(L. 1987 H.B. 76 § 4 subsecs. 3, 4)