407.589. Affirmative defenses. - Missouri Statutes

Affirmative defenses.

407.589. 1. It shall be an affirmative defense to any claimunder sections 407.585 to 407.592 that:

(1) An alleged nonconformity does not substantially impairthe use, market value, or safety of the farm machinery;

(2) A nonconformity is the result of abuse, neglect, orunauthorized modifications or alterations of a farm machinery bya consumer;

(3) A claim by a consumer was not filed in good faith; or

(4) Any other affirmative defense allowed by law.

2. It shall be presumed that a reasonable number of attemptshave been undertaken to conform a new farm machine to theapplicable express warranties if within the terms, conditions, orlimitations of the express warranty, or during the period of oneyear following the date of original delivery of the new farmmachinery to a consumer, whichever expires earlier, either:

(1) The same nonconformity has been subject to repair fiveor more times by the manufacturer, or its agents, and suchnonconformity continues to exist; or

(2) The new farm machinery is out of service by reason ofrepair of the nonconformity by the manufacturer, or its agents,for a cumulative total of thirty or more working days, exclusiveof down time for routine maintenance as prescribed by themanufacturer, since delivery of the new farm machinery to theconsumer. The thirty-day period may be extended by a period oftime during which repair services are not available to theconsumer because of conditions beyond the control of themanufacturer or its agents.

(L. 1987 H.B. 76 § 4 subsecs. 3, 4)