2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 18 - CONSUMER PROTECTION (§§ 47-18-101 — 47-18-5706) › Part 31 - FARM MACHINERY (§§ 47-18-3101 — 47-18-3104) › Section 47-18-3101 - Part definitions

As used in this part:
(1)
"Authorized dealer" means an individual, corporation, or limited liability company authorized by a manufacturer or distributor to sell, barter, or exchange a particular make of new farm machinery;
(2)
"Clear title" means legal ownership free from a perfected security interest or other perfected lien;
(3)
"Comparable farm machinery" means an identical or substantially similar replacement piece of farm machinery;
(4)
"Consumer" means:
(A)
A person who purchases or leases a piece of new farm machinery for purposes other than resale; or
(B)
A person entitled to enforce the obligations of a warranty during the quality assurance period;
(5)
"Distributor" means any person who sells or distributes new and unused farm machinery to authorized dealers;
(6)
"Express warranty" has the same meaning as described in §
47-2-313
;
(7)
"Farm machinery":
(A)
Means self-propelled equipment or machinery primarily designed and used for agricultural purposes purchased or leased by a consumer for the first time from a manufacturer, distributor, or authorized dealer; and
(B)
Does not include an off-highway vehicle as defined in §
55-8-101(12) and (13)
, an all-terrain vehicle as defined in §
55-8-101(1)
, lawn tractors, or lawn mowers;
(8)
"Full purchase price" means the cost paid by a consumer, including any collateral charge;
(9)
"Manufacturer" means a person who manufactures, assembles, or imports new farm machinery;
(10)
"Manufacturer's warranty" means a warranty given by the manufacturer of farm machinery against defects in the components and workmanship and a promise to cure defects;
(11)
"Nonconformity" means any defect or condition affecting a piece of farm machinery that:
(A)
Does not conform with the terms of an express warranty issued by a manufacturer to a consumer;
(B)
Significantly impairs the use, value, or safe operation of the farm machinery; or
(C)
Is not the result of abuse, neglect, or failure by a consumer to operate and maintain the farm machinery according to a manufacturer's operator manual or maintenance recommendations;
(12)
"Person" means a natural person, partnership, corporation, association, trust, estate, or other legal entity;
(13)
"Quality assurance period" means the earliest of the following:
(A)
Twelve (12) months after the date of delivery of new farm machinery to a consumer;
(B)
Twelve (12) months after the date of delivery of any comparable farm machinery to a consumer; or
(C)
After the first six hundred (600) hours of operation of the farm machinery by a consumer;
(14)
"Reasonable allowance for use" means an amount attributable to use by a consumer:
(A)
Before the consumer's first report of a nonconformity to a manufacturer, distributor, or authorized dealer;
(B)
During any period of use of the farm machinery subsequent to the first report of nonconformity if the farm machinery is not out of service by reason of repair of a reported nonconformity; or
(C)
Of any comparable farm machinery provided by the manufacturer, distributor, or an authorized dealer to a consumer while the farm machinery purchased by the consumer is out of service for repair of a reported nonconformity, but not less than the fair lease value of the farm machinery;
(15)
"Reasonable number of repair attempts" means:
(A)
Three (3) attempts to repair the same nonconformity, the total cost of which equals at least thirty percent (30%) of the full purchase price of the farm machinery; or
(B)
Five (5) attempts to repair any nonconformity, the total cost of which equals at least fifty percent (50%) of the full purchase price of the farm machinery; and
(16)
"Seller":
(A)
Means a person who sells, or contracts to sell, farm machinery at retail; and
(B)
Includes an authorized dealer, distributor, or manufacturer.
Added by 2021 Tenn. Acts, ch. 411, s 1, eff. 7/1/2021.