§ 51-26-03 — Replacement of farm machinery or refund of purchase price - Allowance deducted for consumer's use - Refund

deducted for consumer's use - Refund.
If the manufacturer or its agent cannot conform the new farm machinery to any applicable
express warranty by repairing or correcting any default or condition that substantially impairs the
use or market value of the new farm machinery to the consumer after a reasonable number of
attempts, the manufacturer shall give the consumer the option of having the manufacturer either
replace the new farm machinery with a comparable new farm machinery acceptable to the
consumer, or take title of the machine from the consumer and refund to the consumer the full
purchase price, including all reasonably incurred collateral charges, less a reasonable
allowance for the consumer's use of the machine. The subtraction of a reasonable allowance for
use shall apply when either a replacement or refund of the new farm machinery occurs. Refunds
must be made to the consumer and lienholder of record, if any, as their interests may appear.