In this subtitle the following words have the meanings indicated. “Agricultural equipment” means any self–propelled vehicle designed primarily for and used in the occupation or business of farming. “Agricultural equipment” does not include: An off–road vehicle as defined in § 6–401(b) of the Criminal Law Article; An all–terrain vehicle as defined in § 11–103.3 of the Transportation Article; Special mobile equipment as defined in § 11–159 of the Transportation Article; Equipment under 25 horsepower; A lawn tractor; or A lawn mower. “Consumer” means: The purchaser of new agricultural equipment other than for purposes of resale; A person to whom new agricultural equipment is transferred during the duration of the warranty applicable to the agricultural equipment; or Any other person who is entitled to enforce the obligations of the warranty. “Manufacturer, factory branch, or authorized dealer” means a person engaged in the business of manufacturing, assembling, or dealing agricultural equipment, as applicable. “Season of use” means any period when the agricultural equipment is actively employed in the routine operations of a farming business. “Warranty” includes a warranty as described in §§ 2–312 through 2–315 of this article, as applicable. “Warranty period” means the later of: The period of time stated under the terms of an express written warranty; or The first year immediately following the original date of delivery of the equipment to the first consumer.

If agricultural equipment does not conform to all applicable warranties during the warranty period, the consumer, during the warranty period, shall report the nonconformity, defect, or condition by providing written notice to the manufacturer or factory branch by certified mail, return receipt requested. It shall be the duty of a dealer to notify the manufacturer of any notice received under subparagraph (i) of this paragraph. The consumer shall provide an opportunity for the manufacturer or factory branch or its agent or dealer to correct the nonconformity, defect, or condition. The manufacturer or factory branch, its agent, or its authorized dealer shall correct the nonconformity, defect, or condition: At no charge to the consumer regardless of whether the repairs are made after the expiration of the warranty period; and Within 30 days after the manufacturer’s or factory dealer’s receipt of the consumer’s notification of the nonconformity, defect, or condition under paragraph (1) of this subsection. Subject to subsection (c) of this section, if, after a reasonable number of attempts, the manufacturer or factory branch, its agent, or its authorized dealer is unable to repair or correct any defect or condition that substantially impairs the use and market value of the agricultural equipment to the consumer, the manufacturer or factory branch, at the option of the consumer, shall: Replace the agricultural equipment with comparable agricultural equipment that is acceptable to the consumer; or Accept return of the agricultural equipment from the consumer and refund to the consumer the full purchase price, including all license fees, registration fees, and any similar governmental charges, less a reasonable allowance for: The consumer’s use of the equipment; and Damage that is not attributable to normal wear or a nonconformity, defect, or condition. The manufacturer or factory branch shall make refunds under paragraph (1) of this subsection to the consumer and lienholder, if any, as the interests of the consumer and lienholder, if any, appear. It is an affirmative defense to a claim under paragraph (1) of this subsection that the nonconformity, defect, or condition: Does not substantially impair the use and market value of the agricultural equipment; or Is the result of abuse, neglect, or unauthorized modifications or alterations of the agricultural equipment. It shall be presumed that a reasonable number of attempts have been made to conform agricultural equipment to the applicable warranties if: The same nonconformity, defect, or condition has been subject to repair four or more times by the manufacturer or factory branch or its agents or authorized dealers within the warranty period, but the nonconformity, defect, or condition continues to exist; or Subject to paragraph (2) of this subsection, the agricultural equipment is out of service during the season of use for a cumulative total of 30 or more calendar days during the warranty period due to the repair or attempted repair of one or more nonconformities, defects, or conditions. The 30–day period described under paragraph (1)(ii) of this subsection does not include a day on which a consumer has been offered or provided by a manufacturer or factory branch or its authorized dealers the use of other agricultural equipment that performs the same function as the consumer’s agricultural equipment being repaired. The term of a warranty, the warranty period, and the 30–day out–of–service period described under subsection (c)(1)(ii) of this section shall be extended by any time during which repair services are not available to the consumer by reason of war, invasion, strike, or fire, flood, or other natural disaster. The presumption described under subsection (c) of this section does not apply against a manufacturer if a consumer has not provided: Prior direct written notification in accordance with subsection (a)(1) of this section; and The opportunity to correct the alleged nonconformity, defect, or condition in accordance with subsection (a)(2) of this section. Subject to paragraph (2) of this subsection, a consumer who suffers a loss because of a violation of a provision of this section may bring a civil action to enforce the provision. An action brought under paragraph (1) of this subsection shall be commenced not later than 24 months after the earlier of 600 hours of operation or the date of original delivery of the agricultural equipment to the consumer.