Title 10, Chapter 1, Section 814
( 10-1-814)
(a) If the manufacturer or its authorized dealers are unable to make
the farm tractor conform to any applicable express written warranty
by repairing or correcting any condition which substantially impairs
the use or market value of the farm tractor to the consumer within
the time periods and after the number of attempts specified in
subsection (c) of this Code section, the manufacturer, through its
authorized dealer who sold the farm tractor, shall, at the option of
the consumer, replace the farm tractor with a comparable farm
tractor, charging the consumer only a reasonable allowance for the
consumer's use of the farm tractor, or accept the return of the farm
tractor 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 a reasonable
allowance for prior use. Refunds shall be made to the consumer and
lienholder, if any, as their interests may appear in the county
superior court clerk's office. If no replacement or refund is made,
the consumer may bring a civil action against the manufacturer to
enforce the obligation. No action may be brought unless the
manufacturer has received prior direct written notification from or
on behalf of the consumer and has been offered the opportunities, as
set forth in subsection (c) of this Code section, to cure the
condition alleged within a reasonable time that is not to exceed 30
business days. (b) No dealer or distributor shall be held liable by the
manufacturer or by the consumer for any collateral charges, damages,
costs, purchase price refunds, or replacements, and manufacturers
and consumers shall not have a cause of action against a dealer or
distributor. (c) The replacement or refund obligation specified in subsection (a)
of this Code section shall arise if the manufacturer or its
authorized dealers are unable to make the farm tractor conform to
applicable express written warranties within 18 months of the
original physical delivery of the farm tractor to the consumer and
the same nonconformity has been subject to repair four or more times
by the manufacturer or its authorized dealers, but such
nonconformity continues to exist or the farm tractor 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
tractor 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 tractor which performs the same
function shall not be counted. |