                                 CODE OF VIRGINIA

PROTECTION AGAINST DEFECTIVE AGRICULTURAL EQUIPMENT; APPLICABILITY OF CHAPTER
(§ 59.1-207.8)

A. If agricultural equipment does not conform to all applicable express written
warranties, and the consumer reports the nonconformity to the manufacturer, its
agent, or its authorized dealer during the term of such express written
warranties or during the period of one year following the date of original
delivery of the equipment to the first consumer, whichever is the later date,
the manufacturer, its agent, or its authorized dealers shall make such repairs
as are necessary to conform the equipment to such express written warranties,
notwithstanding the fact that such repairs are made after the expiration of such
term or such one-year period.

B. If the manufacturer or its authorized dealers do not conform the equipment to
any applicable express written warranty by repairing or correcting any defect or
condition which substantially impairs the use and market value of the equipment
to the consumer after a reasonable number of attempts, the manufacturer or its
authorized dealer shall replace the equipment with comparable equipment
acceptable to the consumer, charging the consumer only a reasonable allowance
for the consumer&#8217;s prior use of the equipment, or accept the return of the
equipment from the consumer and refund to the consumer the cash purchase price,
including sales tax, license fees, registration fees, and any similar
governmental charges, less such a reasonable allowance for prior use. Refunds
shall be made to the consumer and lien holder or holder of a security interest,
if any, as their interests may appear.
			The reasonable allowance for prior use, which shall be no less than the fair
rental value of the equipment, shall be the sum of (i) that amount attributable
to use by the consumer or others prior to the consumer&#8217;s first report of
the nonconformity to the manufacturer or its authorized dealers, (ii) that
amount attributable to use by the consumer or others during any period
subsequent to such report when the vehicle is not out of service by reason of
repair of the reported nonconformity, and (iii) that amount attributable to use
by the consumer of equipment provided by the manufacturer or its authorized
dealers while the equipment is out of service by reason of repair of the
reported nonconformity.

C. For purposes of this chapter, it shall be presumed that a reasonable number
of attempts have been undertaken to conform equipment to the applicable express
written warranties if, within the express written warranty term or during the
period of one year following the date of the original delivery of the equipment
to the first consumer, whichever is the later date, (i) the same nonconformity
has been subject to repair four or more times by the manufacturer or its
authorized dealers, but such nonconformity continues to exist or (ii) the
equipment is out of service by reason of repair for a cumulative total of 30 or
more calendar days. However, those days shall not be counted when the consumer
has been provided by the manufacturer or its authorized dealers with the use of
other equipment which performs the same function or has been offered the use of
such equipment.
			The term of an express written warranty, such one-year period, and such
30-day period shall be extended by any period of time during which repair
services 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 a
manufacturer unless the manufacturer has received prior direct written
notification from or on behalf of the consumer and been offered an opportunity
to cure the alleged defect. If the address of the manufacturer is not readily
available to the consumer, such written notification shall be mailed to an
authorized dealer. The authorized dealer shall upon receipt forward 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 and market value
or (ii) a nonconformity is the result of abuse or neglect, or of modifications
or alterations of the equipment not authorized by the manufacturer.

F. Any action brought under this chapter shall be commenced within six months
following (i) expiration of the express written warranty term or (ii) 18 months
following the date of the original delivery of the equipment to 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 or
remedies 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 provision of
this chapter may bring a civil action to enforce such provision.

HISTORY: 1984, c. 503; 2019, c. 752.