407.590. Information on remedies to be furnished consumer--notice of complaint to manufacturer required--manufacturer's duties, time limitation--farm machinery furnished to consumer, when--costs t - Missouri Statutes

Information on remedies to be furnished consumer--notice of complaintto manufacturer required--manufacturer's duties, time limitation--farmmachinery furnished to consumer, when--costs to dealer to bereimbursed, actions brought when.

407.590. 1. The manufacturer shall provide information forconsumer complaint remedies with each new farm machinery. Itshall be the responsibility of the consumer, or hisrepresentative, prior to availing himself of the provisions ofsections 407.585 to 407.592, to give written notification to themanufacturer of the need for the repair of the nonconformity, inorder to allow the manufacturer an opportunity to cure thealleged defect. The manufacturer shall immediately notify theconsumer of a reasonably accessible repair facility of afranchised new farm machinery dealer to conform the new farmmachinery to the express warranty. After delivery of the newfarm machinery to an authorized repair facility by the consumer,the manufacturer shall have thirty calendar days to conform thenew farm machinery to the express warranty in appropriateseasonable use times, and sixty days in other times. Thedepartment of agriculture shall designate appropriate seasonaluse times for all machinery covered by the provisions of sections407.585 to 407.592. Upon notification from the consumer that thenew farm machinery has not been conformed to the expresswarranty, the manufacturer shall inform the consumer if aninformal dispute settlement procedure has been established by themanufacturer. However, if prior notice by the manufacturer of aninformal dispute settlement procedure has been given, no furthernotice is required. In the event any repairs which may berequired under any warranty takes more than fourteen working daysto complete, then said manufacturer shall supply at no cost alike piece of farm machinery for use by the consumer if requestedby the consumer during said time of repair. Any costs incurredby a dealer under the provisions of sections 407.585 to 407.592shall be reimbursed to the dealer by the manufacturer.

2. Any action brought under sections 407.585 to 407.592shall be commenced within six months following expiration of theterms, conditions, or limitations of the express warranty, orwithin eighteen months following the date of original delivery ofthe new farm machinery to a consumer, whichever is earlier, or,in the event that a consumer resorts to an informal disputesettlement procedure as provided in sections 407.585 to 407.592,within ninety days following the final action of any panelestablished pursuant to such procedure. In the event an actionis brought under the provisions of sections 407.585 to 407.592the prevailing party shall be allowed to recover any court costsand reasonable attorneys fees.

(L. 1987 H.B. 76 § 5)