37-37-3. Replacement of farm machinery which cannot be repaired--Return of farm machinery and refund.
If, after reasonable attempts, the manufacturer or its authorized dealer is unable to conform the farm machinery to any express warranty by repairing or correcting a nonconforming condition of the farm machinery which first occurred during the lemon law rights period, the manufacturer shall, through its authorized dealer, at the option of the consumer, replace the farm machinery with comparable new farm machinery and shall refund the customer all collateral charges, including any excise tax, or shall accept return of the farm machinery from the consumer and refund to the consumer the following:
(1)The full contract price including charges for dealer preparation, transportation charges, and installed options, plus the nonrefundable portions of extended warranties and service contracts;
(2)All collateral charges, including excise tax;
(3)All finance charges incurred by the consumer after the consumer first reported the nonconformity to the manufacturer or its authorized dealer; and
(4)Any incidental damages which shall include the reasonable cost of alternative farm machinery during the period that the consumer is without the use of the farm machinery because of the nonconforming condition.
Source: SL 2019, ch 178, §3.