§ 51-26-05 — Information on remedies to be furnished consumer - Notice of complaint to manufacturer required - Manufacturer's duties

manufacturer required - Manufacturer's duties.
1. The manufacturer shall provide information for consumer complaint remedies with
each new farm machinery. Before taking action under this chapter, a consumer shall
give written notification to the manufacturer of the need for the repair of the
nonconformity to allow the manufacturer an opportunity to cure the alleged defect. The
manufacturer immediately shall 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 conform the new farm
machinery to the express warranty within thirty calendar days in appropriate
seasonable use times and within sixty days in other times. The agriculture
commissioner shall designate appropriate seasonal use times for all machinery
covered by this chapter. 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. If prior notice by the manufacturer of an informal dispute
settlement procedure has been given, no further notice is required. If any repair that
may be required under any warranty takes more than fourteen working days to
complete, the manufacturer shall supply at no cost a like piece of farm machinery for

use by the consumer if requested by the consumer during the time of repair. The
manufacturer shall reimburse any costs incurred by a dealer under this chapter.
2. An action brought under this chapter must 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. However, if a consumer resorts to an informal dispute
settlement procedure, any action must be commenced within ninety days following the
final action of any panel established pursuant to the procedure. If an action is brought
under this chapter, the prevailing party may recover any court costs and reasonable
attorney's fees.