37-37-7. Affirmative defenses to civil action.
63 words·~1 min read·
/sd/title-37/chapter-37-37/37-37-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is an affirmative defense to any claim against the manufacturer under this chapter that:
(1)An alleged nonconforming condition does not significantly impair the use, market value, or safety of the farm machinery; or
(2)A nonconforming condition is a result of abuse, neglect, or any modification or alteration of farm machinery by a consumer that is not authorized by the manufacturer.