2006 Code of Virginia § 59.1-207.8 - Protection against defective agricultural equipment; applicability of chapter

59.1-207.8. Protection against defective agricultural equipment;applicability of chapter.

A. If agricultural equipment does not conform to all applicable expresswritten warranties, and the consumer reports the nonconformity to themanufacturer, its agent or its authorized dealer during the term of suchexpress written warranties or during the period of one year following thedate of original delivery of the equipment to the first consumer, whicheveris the earlier date, the manufacturer, its agent or its authorized dealersshall make such repairs as are necessary to conform the equipment to suchexpress written warranties, notwithstanding the fact that such repairs aremade after the expiration of such term or such one-year period.

B. If the manufacturer or its authorized dealers do not conform the equipmentto any applicable express written warranty by repairing or correcting anydefect or condition which substantially impairs the use and market value ofthe equipment to the consumer after a reasonable number of attempts, themanufacturer or its authorized dealer shall replace the equipment withcomparable equipment acceptable to the consumer, charging the consumer only areasonable allowance for the consumer's prior use of the equipment, or acceptthe return of the equipment from the consumer and refund to the consumer thecash purchase price, including sales tax, license fees, registration fees andany similar governmental charges, less such a reasonable allowance for prioruse. Refunds shall be made to the consumer and lien holder or holder of asecurity interest, if any, as their interests may appear.

The reasonable allowance for prior use, which shall be no less than the fairrental value of the equipment, shall be the sum of (i) that amountattributable to use by the consumer or others prior to the consumer's firstreport of the nonconformity to the manufacturer or its authorized dealers,(ii) that amount attributable to use by the consumer or others during anyperiod subsequent to such report when the vehicle is not out of service byreason of repair of the reported nonconformity, and (iii) that amountattributable to use by the consumer of equipment provided by the manufactureror its authorized dealers while the equipment is out of service by reason ofrepair of the reported nonconformity.

C. For purposes of this chapter, it shall be presumed that a reasonablenumber of attempts have been undertaken to conform equipment to theapplicable express written warranties if, within the express written warrantyterm or during the period of one year following the date of the originaldelivery of the equipment to the first consumer, whichever is the earlierdate, (i) the same nonconformity has been subject to repair four or moretimes by the manufacturer or its authorized dealers, but such nonconformitycontinues to exist or (ii) the equipment is out of service by reason ofrepair for a cumulative total of thirty or more calendar days. However, thosedays shall not be counted when the consumer has been provided by themanufacturer or its authorized dealers with the use of other equipment whichperforms the same function or has been offered the use of such equipment.

The term of an express written warranty, such one-year period, and suchthirty-day period shall be extended by any period of time during which repairservices are not available to the consumer because of war, invasion, strike,fire, flood, or other natural disasters.

D. In no event shall the presumption provided in this section apply against amanufacturer unless the manufacturer has received prior direct writtennotification from or on behalf of the consumer and been offered anopportunity to cure the alleged defect. If the address of the manufacturer isnot readily available to the consumer, such written notification shall bemailed to an authorized dealer. The authorized dealer shall upon receiptforward such notification to the manufacturer.

E. It shall be an affirmative defense to any claim under this chapter that(i) an alleged nonconformity does not substantially impair such use andmarket value or (ii) a nonconformity is the result of abuse or neglect, or ofmodifications or alterations of the equipment not authorized by themanufacturer.

F. Any action brought under this chapter shall be commenced within six monthsfollowing (i) expiration of the express written warranty term, or (ii)eighteen months following the date of the original delivery of the equipmentto the consumer, whichever is the later date.

G. This chapter shall apply to agricultural equipment sold after January 1,1985.

H. Nothing in this chapter shall in any way limit or impair the rights orremedies which are otherwise available to a consumer under any other law.

I. Any consumer who suffers a loss by reason of a violation of any provisionof this chapter may bring a civil action to enforce such provision.

(1984, c. 503.)