Definitions

As used in this article, the term: (1) “Consumer” means a purchaser, other than for purposes of resale, of a new farm tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor, and any other person entitled by the terms of the warranty to enforce the terms of the warranty. In the case of an agricultural vehicle within the warranty period, the sale must be made through an authorized farm tractor dealer. (2) “Farm tractor” means any self-propelled vehicle which is designed primarily for pulling or propelling agricultural machinery and implements and is used principally in the occupation or business of farming, including an implement of husbandry that is selfpropelled, excluding forestry equipment and equipment designed primarily for construction purposes. (3) “Manufacturer” means a person engaged in the business of manufacturing, assembling, or distributing farm tractors who, under normal business conditions during the year, manufactures, assembles, or distributes to dealers at least ten new farm tractors. (4) “Manufacturer’s express warranty” or “warranty” means the written warranty of the manufacturer of a new farm tractor of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty. (5) “Nonconformity” means any condition of the farm tractor that makes it impossible to use for the purpose for which it was designed or manufactured. (6) “Reasonable allowance for prior use” means the number of field hours performed by the farm equipment, divided by eight field hours per day, multiplied by 50 percent of the daily reasonable rental rate, referenced by model, in the most current North American Equipment Dealers Association Official Guide. 546 10-1-811 SELLING/OTHER TRADE PRACTICES History. Code 1981, § 10-1-811, enacted by Ga. 10-1-814 L. 1991, p. 419, § 1; Ga. L. 1992, p. 6, § 10. 10-1-812. Written notice of warranty supplied by manufacturer and presented by dealer to consumer at time of purchase. The manufacturer must supply to the dealer and the dealer must present directly to the consumer at the time of purchase a written notice stating, in ten-point all-capital type, in substantially the following form: “This equipment is subject to Article 29 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, entitled the ‘Farm Tractor Warranty Act.’ To be entitled to a refund or replacement, you must first notify the manufacturer or its agent and the authorized dealer which was a party to the sale of the problem in writing and give them an opportunity to repair the equipment. Manufacturer Name Address Telephone number Agent Name Address Telephone number History. Code 1981, § 10-1-812, enacted by Ga. L. 1991, p. 419, § 1.