§ 51-26-04 — Affirmative defenses

1. It is an affirmative defense to any claim under this chapter that:
a. An alleged nonconformity does not substantially impair the use, market value, or
safety of the farm machinery;
b. A nonconformity is the result of abuse, neglect, or unauthorized modifications or
alterations of farm machinery by a consumer;
c. A claim by a consumer was not filed in good faith; or
d. Any other affirmative defense allowed by law.
2. It is presumed that a reasonable number of attempts have been undertaken to
conform new farm machinery 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:
a. The same nonconformity has been subject to repair five or more times by the
manufacturer or its agents and the nonconformity continues to exist; or
b. 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 downtime 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.