Affirmative defenses

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It is an affirmative defense to a claim under this subchapter that:

  1. (1) A defect or condition does not substantially impair the use, value, or safety of the farm machinery;

  2. (2) A nonconformity is the result of an accident, abuse, neglect, or unauthorized modification or alteration of the farm machinery by a person other than the manufacturer, agent of a manufacturer, distributor, or an authorized dealer;

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

  4. (4) If there are any other defenses allowed by law that may be raised against the claim.


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