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The Farm Machinery and Equipment Act

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.