Notice of Failure to Perform - New Farm Equipment

 
   
 
Program Information
 
 
 

Agency:

Alberta Agriculture and Food

For Further Information Contact:

Tel: 780 427 2433 Fax: 780 427 3913
 
Downloadable Forms
Notice of Failure to Perform 35K
 

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

Send written notice to the Farm Implement Act Administration, the dealer, and the distributor, if the new farm implement fails to perform the work for which it is intended. The implement must be properly used and 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 seven days to make the farm implement perform in a satisfactory manner. If the farm implement is not working properly within the seven days, the dealer or distributor shall provide the farmer with a satisfactory 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.

How do you give notice that the farm implement has failed to work properly?
The Notice of Failure to Perform form is available as a 35K downloadable PDF.

Note:
The Notice of Failure to Perfom form is also available as a fillable PDF document - 1,136KB
This application form can be completed on-line, saved to your hard drive, and then emailed to the Farmers' Advocate Office.

Note: To use this form you must be using Adobe 5.1 or higher. The latest version of the software is available for free from Adobe).
 
 
 
  For more information about the content of this document, contact Ag-Info Centre.

Last Reviewed/Revised on October 30, 2007.