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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