815 ILCS 340

in effect

815 ILCS 340/1 This Act shall be known and may cited as the "Farm Implement Buyer Protection Act"

(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.)

815 ILCS 340/2

(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.)

815 ILCS 340/3

(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.)

815 ILCS 340/4

(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.)

815 ILCS 340/5

(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.)

815 ILCS 340/6

(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.)

815 ILCS 340/7

(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.)

815 ILCS 340/8

(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.)