Text: SF00247 Text: SF00249 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 322F.8A WARRANTY CLAIMS 1 2 RATES. 1 3 This section applies to a warranty claim submitted by a 1 4 farm equipment dealer or lawn and garden equipment dealer 1 5 while the dealer agreement is in effect or after the 1 6 termination of the dealer agreement, if the claim is for work 1 7 performed before the effective date of the termination. 1 8 1. Within thirty days after the date a supplier receives a 1 9 warranty claim from a dealer, the supplier shall accept or 1 10 reject the claim. A claim not rejected before that deadline 1 11 is deemed accepted. 1 12 2. Within thirty days after the date a warranty claim is 1 13 accepted or rejected, the supplier shall either pay the 1 14 accepted claim or send the dealer written notice of the 1 15 grounds for rejection of a rejected claim. 1 16 3. A supplier that pays a warranty claim, including a 1 17 supplier of an electric engine or motor, shall not pay less 1 18 than the hourly labor rate and other expenses involved in the 1 19 work that the dealer regularly charges to a retail customer 1 20 who does not assert a warranty and the dealer's net price plus 1 21 fifteen percent for parts unless otherwise agreed by the 1 22 supplier and dealer. The number of hours of labor claimed 1 23 shall not exceed one and one-half times the supplier's 1 24 recommended hours for the repair involved. 1 25 4. After payment of a warranty claim, a supplier shall not 1 26 charge back, set off, or otherwise attempt to recover all or 1 27 part of the amount of the claim unless: 1 28 a. The claim was fraudulent. 1 29 b. The work for which the claim was made was not properly 1 30 performed or was unnecessary to comply with the warranty. 1 31 c. The dealer did not substantiate the warranty claim 1 32 according to the written requirements of the supplier in 1 33 effect when the claim arose. 1 34 5. A dealer or supplier authorized to sell new farm 1 35 equipment or lawn and garden equipment shall give the 2 1 purchaser a written warranty agreement which shall include 2 2 replacement or cash refund. If the dealer determines the 2 3 equipment cannot be made usable, the supplier is liable to the 2 4 purchaser for the replacement or cash refund. 2 5 Sec. 2. APPLICABILITY. The provisions of this Act apply 2 6 only to a warranty claim received by a supplier on or after 2 7 the effective date of this Act. 2 8 EXPLANATION 2 9 This bill provides that farm equipment and lawn and garden 2 10 equipment dealers shall be paid the same hourly rate for 2 11 warranty claim repairs and expenses as the dealer regularly 2 12 charges to a retail customer who does not assert a warranty 2 13 claim and the dealer's net price plus 15 percent for parts 2 14 except as otherwise agreed to by the supplier and dealer. 2 15 The bill applies to claims received by a supplier on or 2 16 after the bill's effective date. 2 17 LSB 2109XS 79 2 18 av/pj/5
Text: SF00247 Text: SF00249 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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