§ 51-26-01 — Definitions

North Dakota § 51-26-01

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-26: Farm Equipment Nonconformity Remedies

Text

As used in this chapter:
1. "Collateral charges" means those additional charges to a consumer not directly
attributable to a manufacturer's suggested retail price label for farm machinery.
2. "Comparable farm machinery" means an identical or reasonably equivalent piece of
farm machinery.
3. "Consumer" means the purchaser, other than for the purposes of resale of new farm
machinery primarily used for agricultural purposes; any person to whom the new farm
machinery is transferred for the same purposes during the duration of an express
warranty applicable to that new farm machinery; and any other person entitled by the
terms of the warranty to enforce the obligations of the warranty.
4. "Express warranty" means any written affirmation of fact or promise made by a
manufacturer to a consumer in connection with the sale of new farm machinery which
relates to the nature of the material or workmanship or will meet a specified level of
performance over a specified period of time. The term does not include an implied
warranty.
5. "Farm machinery" means any self-propelled equipment or machinery used for
agricultural purposes being transferred for the first time from a manufacturer,
distributor, or new farm machinery dealer which has not been registered or titled and
which is offered for sale, barter, or exchange by a dealer who is franchised to sell,
barter, or exchange that particular make of new farm machinery. The term includes
farm machinery propelled by power other than muscular power but does not include
off-road vehicles other than self-propelled equipment and machinery used for
agricultural purposes.
6. "Manufacturer" means any person engaged in the manufacturing or assembling of new
farm machinery as a regular business.
7. "Nonconformity" means any condition of the farm machinery which makes it impossible
to use for the purpose for which it was intended.
8. "Reasonable allowance for consumer use" means:
a. That amount attributable to use by the consumer before the consumer's first
report of the nonconformity to the manufacturer or its authorized dealers;
b. That amount attributable to use by the consumer during any period subsequent to
the first report of nonconformity when the farm machinery is not out of service by
reason of repair of the reported nonconformity; and
c. That amount attributable to use by the consumer of the farm machinery provided
by the manufacturer or its authorized dealer while the machine is out of service
by reason of repair of the reported nonconformity, but not less than the fair rental
value of the farm machinery.