R.S.M. 1987, c. F40
The Farm Machinery and Equipment Act
Table of Contents
1 | Definitions. | |
2 | Non-application of Act. | |
3 | Application of Act | |
4 | Filing of retail price lists. | |
(2) | Disclosure as to freight. | |
(3) | Names and addresses of dealers. | |
5 | Offence. | |
6 | Sale above list price prohibited. | |
(2) | Offence. | |
7 | Repair parts to be available. | |
(2) | Sundays and holidays excluded. | |
8 | Emergency repair parts. | |
(2) | Posting of procedure by dealer. | |
(3) | When emergency service shall be used. | |
(4) | Notice to dealer. | |
(5) | Time for supplying emergency repair parts. | |
(6) | Price of emergency repair parts. | |
(7) | Extra costs to be shown separately. | |
9 | Payment for delay in delivering repair parts. | |
(2) | Payment for normal use. | |
(3) | Alternative to payment. | |
(4) | Normal rate defined. | |
10 | Year of manufacture. | |
(2) | Serial number not to be defaced. | |
(3) | Offence. | |
(4) | Meaning of "model year" and "date of manufacture". | |
11 | Form of contract | |
(2) | Effect of non-compliance with form. | |
(3) | Compliance with other statutes. | |
(4) | Market value of trade-in. | |
(5) | Offence. | |
12 | Date of delivery. | |
(2) | Failure to meet delivery date. | |
(3) | Return of consideration by dealer. | |
(4) | Payment of costs of repair. | |
(5) | Acceptance of late delivery by purchaser. | |
(6) | Cancellation of contract by dealer. | |
(7) | Determination of rental rate. | |
(8) | Trial period to be specified in contract. | |
(9) | Rejection of machinery and equipment. | |
(10) | Time for correcting defects. | |
(11) | Cancellation of contract. | |
(12) | Rejection of machinery and equipment in certain cases. | |
(13) | Negligence of purchaser. | |
13 | Warranty. | |
(2) | No warranty on certain parts. | |
(3) | Limitation on warranty. | |
(4) | Additional warranty. | |
(5) | Replacement of defective parts. | |
(6) | Warranty on parts. | |
(7) | Warranty or repair parts. | |
(8) | Non-application of warranty. | |
14 | Application to board. | |
(2) | Investigation and examination by board. | |
(3) | Action by board. | |
(4) | Independent legal action by purchaser. | |
15 | Liability under warranty. | |
(2) | Liability of dealer and assignee under warranty. | |
(3) | Reimbursement by vendor. | |
(4) | Sharing of costs for late delivery. | |
(5) | Appeal. | |
16 | Determining of hours of use. | |
(2) | Purchaser to notify dealer of meter failure. | |
(3) | Tampering with hour meter. | |
17 | Dealer going out of business. | |
18 | Agreement to limit liability void. | |
(2) | Limitation of certain liability. | |
19 | Machinery and equipment deemed to be new. | |
(2) | Return of consideration. | |
(3) | Payment of costs to repair. | |
(4) | Used parts to be specified in contract | |
(5) | Form not to be used for second-hand machinery. | |
(6) | Consideration to include goods given in trade. | |
20 | Reading and explaining of contract. | |
(2) | Non-application of subsection (1). | |
21 | Contract to be signed. | |
(2) | Non-application of subsection (1). | |
22 | Payment to agent | |
23 | Liens. | |
24 | Title remains in lienholder. | |
(2) | Possession in purchaser. | |
(3) | Collateral liens prohibited. | |
25 | Application to board to repossess. | |
(2) | Matters to be considered by the board. | |
(3) | Copy of contract to accompany application. | |
(4) | Letter of objection to repossess. | |
(5) | Notice of decision by board. | |
(6) | Forms for repossession. | |
(7) | Retention for 10 days. | |
(8) | Lienholder to keep machinery in safe condition. | |
(9) | Notice of repossession of lienholder. | |
(10) | Manner of serving notice. | |
(11) | Failure of lienholder to give notice. | |
(12) | Application to court for revocation order. | |
(13) | Service of application. | |
(14) | Disposition of application. | |
(15) | Purchaser to produce machinery and equipment | |
26 | Sale with consent of purchaser. | |
(2) | Sale by lienholder. | |
(3) | Disposition of proceeds of sale. | |
(4) | Purchaser's liability is discharged. | |
(5) | Written statement by lienholder. | |
(6) | Damage to farm machinery and equipment. | |
(7) | Investigation of lienholder's claim by board. | |
(8) | Appeal. | |
27 | Purchase of outfit. | |
(2) | Machinery and equipment to be listed in contract. | |
28 | Assignment of earnings. | |
(2) | Limitation on amount of equipment. | |
(3) | Service of order. | |
(4) | Pro rating of earnings. | |
(5) | Credit to purchaser's account. | |
29 | Farm Machinery Board. | |
(2) | Remuneration. | |
(3) | Chairman, secretary-manager and quorum. | |
(4) | Secretary-manager may investigate complaint | |
(5) | Majority decision. | |
30 | Powers of board. | |
(2) | Investigation and recommendations. | |
31 | Brochure. | |
(2) | Brochure to be approved by board. | |
32 | Used farm machinery and equipment. | |
33 | Definitions. | |
34 | Vendor to purchase unused machinery and parts. | |
(2) | Vendor not obligated to purchase. | |
(3) | Amount payable by a vendor. | |
(4) | Signing of declaration by dealer. | |
(5) | When payment due. | |
(6) | Payment under terminated agreement. | |
(7) | Service of notice to purchaser or vendor. | |
(8) | Parts to be clearly identified. | |
(9) | Care and custody of unused machinery and equipment. | |
(10) | Adequate packaging of machinery and equipment. | |
(11) | Deductions by vendor. | |
(12) | Deductions by dealer. | |
(13) | Bulk Sales Act not to apply. | |
(14) | Cost of repainting. | |
(15) | Date of receipt of notice. | |
35 | Information to minister. | |
36 | Interchangeable parts. | |
37 | Licence required. | |
(2) | Conditions to which licence is subject. | |
(3) | Bonds and fees required. | |
(4) | No payment from fund. | |
(5) | Notice of intent to suspend licence. | |
(6) | Dispute of notice to suspend licence. | |
(7) | Minister in public interest may suspend licence. | |
(8) | Notification of hearing. | |
(9) | Date of hearing. | |
(10) | Action of board after hearing. | |
(11) | Appeal. | |
(12) | Service of notice of appeal on board. | |
(13) | Power of court of appeal. | |
38 | Forfeiture of bond. | |
(2) | Sale of collateral to bond. | |
(3) | Disposition of moneys recovered under bond. | |
(4) | Bond considered penal. | |
(5) | Appeal of decision of board. | |
(6) | Form of appeal. | |
39 | Exemption from liability. | |
40 | Establishment of fund. | |
(2) | Board may impose levies. | |
(3) | Moneys to be deposited with Minister of Finance. | |
(4) | Regulations by minister. | |
41 | Regulations. |