37-37-7. Affirmative defenses to civil action.
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.
Source: SL 2019, ch 178, ยง7.
Structure South Dakota Codified Laws
Chapter 37 - Farm Machinery Lemon Law
Section 37-37-1 - Definitions.
Section 37-37-4 - Refund to be made to consumer and any lien holders--Allowance for use.
Section 37-37-5 - Presumption of reasonable attempts to correct nonconforming condition.
Section 37-37-6 - Civil action to enforce chapter--Notice and final opportunity to cure.
Section 37-37-7 - Affirmative defenses to civil action.
Section 37-37-8 - Attorney fees.