North Dakota Code § 51-26-06

Application - Dealers reimbursed for warranty repair
Open in Lexace · Ask the AI about this section
1. If warranty repair work or service is performed for a consumer by a farm equipment 
dealer under a manufacturer's express warranty, the manufacturer shall provide the 
dealer with reasonable and adequate compensation for diagnostic work, as well as 
repair service, parts, and labor, for warranty work compensation, a product 
improvement program, a maintenance plan, an extended warranty, a certified 
preowned warranty or a service contract, issued by the manufacturer or distributor or 
its common entity. In addition, a manufacturer shall provide reasonable and adequate 
time allowances for the diagnosis and performance of warranty work and service for 
the work performed and the time allowances may not be less than the average time 
spent by the dealer on similar work for nonwarranty customers. The hourly labor rate 
and parts reimbursement rate paid by a manufacturer to the dealer under this 
subsection may not be less than the average rate charged by the dealer for similar 
service or sales to nonwarranty customers. A manufacturer or distributor may not pay 
its dealers an amount of money for warranty work, parts, or service that is less than 
the average rate charged by the dealer for similar service or sales to nonwarranty 
customers. The dealer may accept the manufacturer's or supplier's warranty labor 
reimbursement terms and conditions in lieu of the above.
2. The compensation required under subsection 1 includes transportation services, 
including labor and equipment, necessary to transport equipment under warranty to 
perform the service and to return the equipment to the customer. If transporting the 
equipment to the dealership to perform the service is not mechanically or financially 
feasible, the compensation required under subsection 1 includes travel to and from the 
location of the equipment if the service or repairs are performed at the location of the 
equipment. Reimbursement for travel time required under this subsection may not 
exceed six hours.
3. A manufacturer shall pay a dealer on a claim made by a dealer under this section 
within thirty days of the approval of the claim. The manufacturer shall either approve or 
disapprove a claim within thirty days after the claim is submitted to the manufacturer. 
The manufacturer may prescribe the manner in which and the forms on which the 
dealer must present the claim. A claim not specifically disapproved in writing within 
thirty days after the manufacturer receives the claim must be construed to be 
approved and the manufacturer shall pay the claim within thirty days.
4. As used in this section, "farm equipment" has the same meaning as in section 
51-07-01.2.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.