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Notice of Failure to Perform - New Farm Equipment

 
 
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Program Information
 
 
 

Agency:

Alberta Agriculture and Forestry

For Further Information Contact:

Tel: 780-310-3276 Fax: 780-427-3913
 
Downloadable Forms
Notice of Failure to Perform - Non-fillable pdf 91K
Notice of Failure to Perform - Fillable pdf 102K
 

 
Program Details
 
 
  What do you do when a new farm implement fails to work properly?

If the new farm implement fails to perform the work for which it is intended, you should complete the Notice of Failure to Perform form and send it to the Farm Implement Act administration (Farmers' Advocate Office), the dealer, and the distributor, The implement must be properly maintained and used under reasonable operating conditions.

When must the failure occur?
The failure must occur within any of the first 10 days of actual use of the farm implement, whether or not those days are consecutive, or within the first 50 hours of actual use.

What happens after notice is given?
Upon receiving formal notification, the dealer and distributor have 7 days to make the farm implement perform in a satisfactory manner. If the farm implement is not working properly within 7 days, the dealer or distributor shall provide the farmer with a substitute until the implement is made to perform in a satisfactory manner.

What happens if the dealer and distributor are unable to make the implement perform properly?
If, within a reasonable amount of time after providing the substitute farm implement to the purchaser, the dealer or distributor fails to make the purchaser’s farm implement perform in a satisfactory manner, the dealer or distributor shall either:

  • replace the farm implement with one that is acceptable to the farmer, or
  • terminate the sale agreement.

Note:
The Notice of Failure to Perfom form is also available as a fill-able PDF, which can be completed on-line, saved to your hard drive, and then emailed to the Farmers' Advocate Office.
 
 
 
 
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For more information about the content of this document, contact Ag-Info Centre.

Last Reviewed/Revised on February 21, 2017.