51-26-05. Information on remedies to be furnished consumer - Notice of complaint to manufacturer required - Manufacturer's duties

51-26-05. Information on remedies to be furnished consumer - Notice of complaint to manufacturer required - Manufacturer's duties. 1. The manufacturer shall provide information for consumer complaint remedies with each new farm machinery. Before taking action under this chapter, a consumer shall give written notification to the manufacturer of the need for the repair of the nonconformity to allow the manufacturer an opportunity to cure the alleged defect. The manufacturer immediately shall notify the consumer of a reasonably accessible repair facility of a franchised new farm machinery dealer to conform the new farm machinery to the express warranty. After delivery of the new farm machinery to an authorized repair facility by the consumer, the manufacturer shall conform the new farm machinery to the express warranty within thirty calendar days in appropriate seasonable use times and within sixty days in other times. The agriculture commissioner shall designate appropriate seasonal use times for all machinery covered by this chapter. Upon notification from the consumer that the new farm machinery has not been conformed to the express warranty, the manufacturer shall inform the consumer if an informal dispute settlement procedure has been established by the manufacturer. If prior notice by the manufacturer of an informal dispute settlement procedure has been given, no further notice is required. If any repair that may be required under any warranty takes more than fourteen working days to complete, the manufacturer shall supply at no cost a like piece of farm machinery for use by the consumer if requested by the consumer during the time of repair. The manufacturer shall reimburse any costs incurred by a dealer under this chapter. 2. An action brought under this chapter must be commenced within six months following expiration of the terms, conditions, or limitations of the express warranty or within eighteen months following the date of original delivery of the new farm machinery to a consumer, whichever is earlier. However, if a consumer resorts to an informal dispute settlement procedure, any action must be commenced within ninety days following the final action of any panel established pursuant to the procedure. If an action is brought under this chapter, the prevailing party may recover any court costs and reasonable attorney's fees.