(815 ILCS 340/1) (from Ch. 5, par. 1551)
Sec. 1.
This Act shall be known and may cited as the "Farm Implement
Buyer Protection Act".
(Source: P.A. 85-894.)
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(815 ILCS 340/2) (from Ch. 5, par. 1552)
Sec. 2.
As used in this Act, unless the context requires otherwise:
(1) "Farm implement" means any self-propelled vehicle which is designed
primarily for use in the occupation or business of farming.
(2) "Consumer" means a purchaser, other than for purposes of resale, of
a new farm implement.
(3) "Delivery" means the transfer of physical possession.
(4) "Fair rental value" means the cost of a comparable farm implement to
accomplish the same agricultural tasks.
(5) "Nonconformity" means any failure to conform to any express written
warranty, which failure substantially impairs the intended use of the farm implement.
(6) "Reasonable allowance for prior use" means no less than the fair
rental value of the farm implement and shall be the sum of (1) that amount
attributable to use by the consumer prior to the consumer's first report of
the nonconformity to the manufacturer or its authorized dealers, (2) that
amount attributable to use by the consumer during any period subsequent to
such report when the farm implement is not out of service by reason of
repair of the reported nonconformity, and (3) that amount attributable to
use by the consumer of the farm implement provided by the manufacturer or
its authorized dealers while the farm implement is out of service by reason
of repair of the reported nonconformity.
(Source: P.A. 85-894.)
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(815 ILCS 340/3) (from Ch. 5, par. 1553)
Sec. 3.
If a farm implement does not conform to applicable express
written warranties, and the consumer reports the nonconformity to the
manufacturer and its authorized dealer during the term of such express
written warranties or during the period of one year following the date of
the original delivery of the farm implement to the consumer, whichever is
later, the manufacturer or its authorized dealers shall make such repairs
as are necessary to make the farm implement conform to such express written
warranties, notwithstanding the fact that such repairs are made after the
expiration of such term or such one year period.
(Source: P.A. 85-894.)
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(815 ILCS 340/4) (from Ch. 5, par. 1554)
Sec. 4.
(a) If the manufacturer or its authorized dealers are unable
to make the farm implement conform to all applicable express written
warranties by repairing or correcting any defect which substantially
impairs the use of the farm implement to the consumer
within the time periods and after the number of attempts specified in
subsection (b), the manufacturer, through its authorized dealer who sold
the farm implement shall replace the farm implement with a comparable one,
charging the consumer only a reasonable allowance for the consumer's use of
the farm implement, or accept the return of the farm implement from the
consumer and refund to the consumer the cash purchase price, including
sales tax, license fees, registration fees and any similar governmental
charges, less such a reasonable allowance for prior use. Refunds shall be
made to the consumer and lien holder, if any, as their interests may
appear. If no such replacement or refund is made, the consumer may bring a
civil action to enforce such obligation. No such action may be brought,
however, unless the manufacturer has received prior direct written
notification from or on behalf of the consumer and has been offered an
opportunity to cure the defect alleged within a reasonable time that is
not to exceed 30 business days.
(b) The replacement or refund obligation specified in subsection (a)
shall arise if the manufacturer or its authorized dealers are unable to
make the farm implement conform to applicable express written warranties
within the express written warranty term or during the period of one year
following the date of the original physical delivery of the farm implement
to the consumer, whichever is the later, and (1) the same nonconformity
has been subject to repair 4 or more times by the manufacturer or its
authorized dealers, but such nonconformity continues to exist or (2) the
farm implement is out of service by reason of repair of the same
nonconformity for a cumulative total of 30 or more business days when the
service department of the authorized dealer in possession of the farm
implement is open for purposes of repair; provided, that days when the
consumer has been provided by the manufacturer or its authorized dealers
with the use of another farm implement which performs the same function
shall not be counted.
(Source: P.A. 85-894.)
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(815 ILCS 340/5) (from Ch. 5, par. 1555)
Sec. 5.
The term of any express written warranty, such one-year
period, and such 30 day repair period shall be extended by any period of
time during which repair services or replacement parts are not available to
the consumer because of a war, invasion, strike, fire, flood or
other natural disaster.
(Source: P.A. 85-894.)
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(815 ILCS 340/6) (from Ch. 5, par. 1556)
Sec. 6.
It shall be an affirmative defense to any claim under this
Act that (1) an alleged nonconformity does not substantially impair such
use, or (2) a nonconformity is the result of abuse or
neglect, or of modifications or alterations of the farm implement not
authorized by the manufacturer.
(Source: P.A. 85-894.)
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(815 ILCS 340/7) (from Ch. 5, par. 1557)
Sec. 7.
Any action brought under this Act shall be commenced within 6
months following (1) expiration of the express written warranty term, or
(2) one year following the date of the original delivery of the farm
implement to the consumer, whichever is later.
(Source: P.A. 85-894.)
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(815 ILCS 340/8) (from Ch. 5, par. 1558)
Sec. 8.
Any claim by a consumer which is found by the court to have
been filed in bad faith or solely for the purpose of harassment, or in
complete absence of a justifiable issue of either law or fact raised by the
consumer, shall result in the consumer being liable for all costs and
reasonable attorney's fees incurred by the manufacturer or its agent, as a
direct result of the bad faith claim.
(Source: P.A. 85-894.)
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(815 ILCS 340/9) (from Ch. 5, par. 1559)
Sec. 9.
This Act shall apply to farm implements sold on or after January 1, 1988.
(Source: P.A. 85-894.)
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(815 ILCS 340/10) (from Ch. 5, par. 1560)
Sec. 10.
Persons electing to proceed under this Act shall be barred
from maintaining a separate cause of action under the Uniform Commercial Code.
(Source: P.A. 85-894.)
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(815 ILCS 340/11) (from Ch. 5, par. 1561)
Sec. 11.
As between the manufacturer and its authorized dealer this
Act shall not affect the contractual and legal rights and obligations of
either party.
(Source: P.A. 85-894.)
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