Illinois Compiled Statutes 815 ILCS 340 — Farm Implement Buyer Protection Act.

This Act shall be known and may cited as the "Farm Implement Buyer Protection Act"

This Act shall be known and may cited as the "Farm Implement Buyer Protection Act". (Source: P.A. 85-894.)

As used in this Act, unless the context requires otherwise: (1) "Farm implement" means any self-propelled vehicle which is designed primarily for use in the occupation or business of farming

As used in this Act, unless the context requires otherwise: (1) "Farm implement" means any self-propelled vehicle which is designed primarily for use in the occupation or business of farming. (2) "Consumer" means a purchaser, other than for purposes of resale, of a new farm implement. (3) "Delivery" means the transfer…

If a farm implement does not conform to applicable express written warranties, and the consumer reports the nonconformity to the manufacturer and its authorized dealer during the term of such express written warranties or during the period of one year following the date of the original delivery of the farm implement to…

(a) If the manufacturer or its authorized dealers are unable to make the farm implement conform to all applicable express written warranties by repairing or correcting any defect which substantially impairs the use of the farm implement to the consumer within the time periods and after the number of attempts specified…

The term of any express written warranty, such one-year period, and such 30 day repair period shall be extended by any period of time during which repair services or replacement parts are not available to the consumer because of a war, invasion, strike, fire, flood or other natural disaster. (Source: P.A. 85-894.)

It shall be an affirmative defense to any claim under this Act that (1) an alleged nonconformity does not substantially impair such use, or (2) a nonconformity is the result of abuse or neglect, or of modifications or alterations of the farm implement not authorized by the manufacturer. (Source: P.A. 85-894.)

Any action brought under this Act shall be commenced within 6 months following (1) expiration of the express written warranty term, or (2) one year following the date of the original delivery of the farm implement to the consumer, whichever is later. (Source: P.A. 85-894.)

Any claim by a consumer which is found by the court to have been filed in bad faith or solely for the purpose of harassment, or in complete absence of a justifiable issue of either law or fact raised by the consumer, shall result in the consumer being liable for all costs and reasonable attorney's fees incurred by the…

This Act shall apply to farm implements sold on or after January 1, 1988

This Act shall apply to farm implements sold on or after January 1, 1988. (Source: P.A. 85-894.)

Persons electing to proceed under this Act shall be barred from maintaining a separate cause of action under the Uniform Commercial Code

Persons electing to proceed under this Act shall be barred from maintaining a separate cause of action under the Uniform Commercial Code. (Source: P.A. 85-894.)

As between the manufacturer and its authorized dealer this Act shall not affect the contractual and legal rights and obligations of either party

As between the manufacturer and its authorized dealer this Act shall not affect the contractual and legal rights and obligations of either party. (Source: P.A. 85-894.)