Part of Farm implements

Notice of Failure to Perform

Purchasers can take these steps to have farm equipment repaired, replaced or refunded if it does not perform as intended.

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Farm implements

If a new farm implement fails to perform in a satisfactory manner within the timeframe outlined below, the purchaser may have the opportunity to have the implement repaired, replaced, or receive a refund of the purchase price of the implement.

Important dates

Within the first normal season of use, the failure must occur within one of the following, whichever occurs first:

  • first 10 days of actual use of the farm implement (whether or not those days are consecutive)
  • first 50 hours of actual use (whether or not that period is continuous)

How it works

Step 1. Send Notice of Failure to Perform

If a new farm implement fails to meet quality standards when it is maintained and used under reasonable operating conditions, a farmer may send a Notice of Failure to Perform to the Farmers’ Advocate Office (FAO), the distributor and the dealer.

Download and fill out the following:

Email your completed form to the FAO: [email protected]

Step 2. Implement repaired – within 7 days

Upon receiving formal notification, the dealer or distributor have 7 days (during which reasonable operating conditions exist for the farm implement) to make the farm implement perform in a satisfactory manner. If this does not happen, refer to Step 3.

Step 3. Remediation measures – after 7 days

If the farm implement is not working properly within 7 days, the dealer or distributor shall provide the farmer with a satisfactory substitute within 48 hours of the expiry of the 7-day period. This substitute can be used until the implement is made to perform in a satisfactory manner.

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 do one of the following:

  1. Replace the farm implement with an implement that is acceptable to the farmer.
  2. Terminate the sales agreement and refund all the money paid by the purchaser.

If a trade-in was involved, upon termination of the sales agreement the dealer or distributor shall either:

  • return the trade-in, if possible, or
  • pay the purchaser the fair market price of the trade-in

The Minister of Agriculture and Irrigation may publish the make, model and serial number of farm implements involved in a Notice of Failure to Perform.

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Contact

Connect with the FAO:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Toll free: 310-FARM (3276) (in Alberta)
Phone: 403-742-7901 (outside Alberta)
Email: [email protected] or Ask us a question online

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Mailing address:
J.G. O'Donoghue Building
7000 113 Street
Edmonton, Alberta  T6H 5T6

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