Agricultural Implements Regulations, 2019, A-10 Reg 2

1 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 The Agricultural Implements Regulations, 2019 being Chapter A-10 Reg 2 (effective January 22, 2019). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 Table of Contents PART I PART 5 Preliminary Matters Unused Implements or Parts 1 Title 14 Notice of hearing re compensation 2 Definitions and interpretation 15 Definitions – section 50 of Act and in these regulations PART 2 16 Deduction in amount payable to dealer Contract for Sale 17 Service of notice to purchase 3 Form of contract PART 5 General PART 3 Licences 18 Prescribed percentage 4 Application and licence fee 19 Service by email 5 Refund of fee PART 5 6 Licence year Repeal and Coming into Force 7 Display of licence 20 RRS c A-10 Reg 1 repealed 8 Licence not transferable 21 Coming into force 9 Licence required for each separate place of business Appendix 10 Eligibility for licence Form A Contract For the Sale of a New Farm Implement 11 Scope of licence Form B Contract For Sale of a Second Hand or Used Farm Implement 12 Renewal of licence 13 Notice re unlicensed dealer 3 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 CHAPTER A-10 REG 2 The Agricultural Implements Act PART 1 Preliminary Matters Title 1 These regulations may be cited as The Agricultural Implements Regulations, 2019. Definitions and interpretation 2(1) In these regulations: “Act” means The Agricultural Implements Act; “implement” means any implement, equipment or machine with a selling price of $10,000 or more that is used or intended for use for agricultural purposes, except: (a) motor trucks; (b) tractors under 40 brake horsepower and their attachments; (c) stationary internal combustion engines and hydraulic and electric motors that are sold separate from an implement; (d) snowmobiles and power toboggans; and (e) all implements that are sold for industrial purposes and that are subject to: (i) the goods and services tax imposed by the Government of Canada; or (ii) the tax imposed pursuant to The Provincial Sales Tax Act; “licence” means a licence issued pursuant to section 26 of the Act; “model year”, with respect to an implement, subject to subsection (2), means the model year of the implement as designated by the manufacturer of that implement. (2) For the purposes of the definition of “model year” in subsection (1), if no model year of an implement is designated by the manufacturer of that implement, the model year is: (a) the year in which the implement was manufactured, if the implement was manufactured between January 1 and October 31; or (b) the year after the year in which the implement was manufactured, if the implement was manufactured between November 1 and December 31. (3) For the purposes of subsection (2), an implement is deemed to be manufactured on a certain date if the manufacturing of that implement is completed on that date. 1 Feb 2019 cA-10 Reg 2 s2. 4 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 PART 2 Contract for Sale Form of contract 3(1) Every contract for the sale of: (a) a new implement is to be in Form A of the Appendix; (b) a used implement is to be in Form B of the Appendix. (2) If a warranty contained in Form A conflicts with a warranty provided in the Act, the warranty provided in the Act prevails. (3) A lease or lease-purchase must set out all the terms and conditions of the agreement, including the following: (a) the name and address of the purchaser, dealer and financial institution; (b) a detailed description of each implement purchased, leased, lease- purchased or given in trade, including the serial and model numbers if available; (c) the nature and duration of all warranties given in connection with the implement; (d) the length of the trial period and the procedure for a purchaser to reject an implement during the trial period; (e) the intended purpose for which the implement will be used; (f) that: (i) the date an implement is first used is deemed to be the date of first use in the season of use; and (ii) the warranty is registered as of the date of first use of the implement. 1 Feb 2019 cA-10 Reg 2 s3. PART 3 Licences Application and licence fee 4 The fee payable for a licence is $100 and must accompany the application for the licence. 1 Feb 2019 cA-10 Reg 2 s4. Refund of fee 5(1) If a licence is not issued, the licence fee must be refunded to the applicant. (2) If a licence is issued to a dealer and the dealer ceases to offer for sale, sell, lease or lease-purchase implements during the licence year, the dealer is not entitled to any refund of the licence fee for that licence year. 1 Feb 2019 cA-10 Reg 2 s5. 5 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 Licence year 6 The licence year commences on April 1 in one year and ends on March 31 in the following year. 1 Feb 2019 cA-10 Reg 2 s6. Display of licence 7 Every dealer shall display the dealer’s licence in the dealer’s place of business so that the licence is clearly visible and available for inspection by any person. 1 Feb 2019 cA-10 Reg 2 s7. Licence not transferable 8 A licence is not transferable. 1 Feb 2019 cA-10 Reg 2 s8. Licence required for each separate place of business 9(1) In this section, “separate place of business” means the lands and buildings from which the dealer offers for sale, sells, leases or lease-purchases agricultural implements or parts and includes the following: (a) the dealer’s office; (b) the sales area; (c) the showroom display and storage lot; (d) the parts storage and sales area, warehouse workshop and service facilities; (e) a separate, distinct storage or display lot; (f) a warehouse; (g) a temporary exhibit; (h) a mobile display; (i) in the case of an itinerant salesperson working from the dealer’s place of business, the itinerant salesperson’s vehicle; (j) any combination of the locations listed above that meets the requirements for licensing. (2) If in the opinion of the minister a dealer operates more than one separate place of business, the dealer shall secure a licence for each separate place of business. 1 Feb 2019 cA-10 Reg 2 s9. 6 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 Eligibility for licence 10 In addition to the other requirements of the Act and these regulations, to be eligible for and maintain a licence a dealer shall: (a) carry on business during normal business hours and days of the week; (b) have adequate service equipment, personnel and facilities to service implements that the dealer sells, offers for sale, leases or lease-purchases; and (c) maintain adequate parts in stock. 1 Feb 2019 cA-10 Reg 2 s10. Scope of licence 11 A licence authorizes a dealer to offer for sale, sell, lease or lease-purchase only those implements or parts supplied by a distributor listed in the dealer’s application for a licence. 1 Feb 2019 cA-10 Reg 2 s11. Renewal of licence 12(1) If a dealer holds a licence for the current year, the minister shall send a notice to renew and an application for a licence to the dealer on or before the expiry date of the dealer’s licence. (2) If a dealer does not submit the dealer’s application for a licence by April 15 following the date on which the dealer’s licence expires, the minister shall send the dealer another notice to renew the licence by May 1. (3) If notice is given pursuant to subsection (2) and the dealer has not submitted an application for a licence by May 15, the minister shall: (a) notify the dealer that the dealer’s licence has terminated and that the dealer can no longer operate as a dealer in Saskatchewan; and (b) provide a copy of the notice to each affected distributor. 1 Feb 2019 cA-10 Reg 2 s12. Notice re unlicensed dealer 13 A notice pursuant to subsection 26(7) of the Act must: (a) be sent: (i) by prepaid registered mail; or (ii) if the person to whom the notice is sent has provided the minister with an email address for service, by email to that email address; and (b) include a copy of section 26 of the Act. 1 Feb 2019 cA-10 Reg 2 s13. 7 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 PART 4 Hearings Notice of hearing re compensation 14 Unless all of the persons entitled to notice agree to a shorter notice period, the board shall give at least 14 days’ notice of a hearing with respect to an application for compensation, including the date, time and place of the hearing, to each of the following: (a) the distributor named in the application; (b) the dealer named in the application; (c) the farmer who issued the claim. 1 Feb 2019 cA-10 Reg 2 s14. PART 5 Unused Implements or Parts Definitions – section 50 of Act and in these regulations 15 In section 50 of the Act and in these regulations: “allowance” means the amount of money paid to a dealer or credited to a dealer’s account by a supplier with respect to the purchase by the dealer of a part or quantity of parts or an implement or quantity of implements, and includes a discount, bonus or rebate or other type of payment that results in a reduction in the cost of that part or implement to the dealer; “current net price” means the price payable for an unused part or implement by a dealer as shown in the supplier’s current price list, without taking into account any allowance granted by the supplier; “end use” means the agricultural purpose for which an implement is used; “first use” means the date when a producer first uses an implement for agricultural purposes; “leased implement” means an implement that is being leased or lease- purchased to a producer at the supplier’s request or with the supplier’s approval; “season of use” means the season in which an agricultural implement is normally used for intended agricultural practices; “supplier’s current price list” means the latest comprehensive price list of the supplier that includes all parts or implements that may be ordered by a dealer from the supplier, including parts that are ordered from the supplier that are shipped directly to the dealer from a third party; “unused implement” means: (a) an implement that has been used for demonstration purposes at the supplier’s request or with the supplier’s approval; and (b) an implement that is not a used implement, whether or not the implement has received pre-delivery services; 8 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 “unused part” means a part or parts assembly that has not been used, but does not include the following: (a) a part that has been broken or severely damaged; (b) a parts assembly that is incomplete and that cannot be completed pursuant to section 16 at reasonable expense; (c) a part or parts assembly that has been removed from an implement and replaced at no cost to the dealer for parts under a modification or warranty substitution program; (d) a seal made of rubber; (e) a hose made of rubber; (f) a gasket made of cork or a composition of materials; (g) a liquid chemical that has deteriorated and is of limited use; “used implement” means an implement that has been operated for a distance, or for a period of time, in excess of that required to deliver the implement to the dealer or to enable the dealer to service, prepare and operate the implement for the purposes of sale, and does not include an implement that has been used for demonstration purposes at the supplier’s request or with the supplier’s approval. 1 Feb 2019 cA-10 Reg 2 s15. Deduction in amount payable to dealer 16 The reasonable cost to the supplier of supplying and installing any missing or damaged part may be deducted by the supplier from the amount payable to the dealer for an unused implement or unused part. 1 Feb 2019 cA-10 Reg 2 s16. Service of notice to purchase 17 A notice to purchase mentioned in subsection 50(2) of the Act must: (a) be personally served on the supplier or an officer, agent or employee of the supplier; or (b) be sent by prepaid registered mail to the supplier. 1 Feb 2019 cA-10 Reg 2 s17. 9 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 PART 6 General Prescribed percentage 18 For the purposes of subsection 14(2) of the Act, the prescribed percentage is 25%. 1 Feb 2019 cA-10 Reg 2 s18. Service by email 19 For the purposes of subclauses 10(7)(a)(ii) and (b)(ii), clauses 10.1(4)(c) and 12(5)(b), subclause 39(b)(iii) and section 52.1 of the Act, a notice, order, decision or other document required to be given or served may be served by email to the last email address provided by the person to be served. 1 Feb 2019 cA-10 Reg 2 s19. PART 7 Repeal and Coming into Force RRS c A-10 Reg 1 repealed 20 The Agricultural Implements Regulations, 1982 are repealed. 1 Feb 2019 cA-10 Reg 2 s20. Coming into force 21 These regulations come into force on the day on which they are filed with the Registrar of Regulations. 1 Feb 2019 cA-10 Reg 2 s21. 10 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 AGRICULTURAL IMPLEMENTS REGULATIONS, 2019 10 Appendix FORM A CONTRACT FOR THE SALE OF A NEW FARM IMPLEMENT Dealer’s Name: Purchaser’s Name: Address: Postal Code: Address: Postal Code: Licence Number: Date: Distributor’s Name: Address: Postal Code: 1 The dealer and the purchaser agree to the terms and conditions of this contract covering the purchase of the new implement(s) and extra equipment [extra equipment includes all attachments or accessories to the implement(s)] described at the price set forth in this contract or in the attached schedule that is initialled by both parties and that forms part of this contract. Delivery date of the implement(s) and extra equipment is to be made not later than the day of 20 (referred to in this contract as the delivery date) F.O.B. . 2 DESCRIPTION AND PRICE OF IMPLEMENT(S) Implement Make Model Size Serial No. Model Year List Price Type Extra Equipment 3 DESCRIPTION AND VALUE OF TRADE-IN 4 Add: Transportation Costs $ ............. Implement Serial Market Trade-in Other Charges $ ............. Make Model Size Type No. Value Value Delivered List Price $ ............. 5 Deduct Discount (if any) $ ............. 6 Total Cash Price ..... $ ............. 7 Add: Property Insurance Extra Equipment Fees $ ............... Total Trade-in Allowance ............... $ ................ Credit Life Insurance Less Owing to ........................... $ ................ Fees $.......... Net Trade-in (to clause 9) ................. $ ................ Other Fees $.......... The purchaser certifies that the trade-in is free of all liens and Specify............... encumbrances except as shown above. Total Fees $ ............ 11 Cost of borrowing..................... $ ................ 8 Total Cash Price-inc. fees $ ............ 12 Time balance (10 and 11) .............. $ ................ 13 Cost of borrowing per cent per annum on the unpaid balance 9 Deduct from time to time Net Trade-in $ ......... 14 Cost of borrowing begins Cash Payment $........ 15 The above implement(As) GarRe IpCurUchLasTeUd oRnA thLe fIoMlloPwLinEgM ENTS REGULATIONS, 2019 terms (check one): 11 Other Credit $ ......... Total Payment ........ $ ............ G Cash 10 Unpaid balance $ ............ APPROV G ED Security Agreement December 11, 2018 - 11:52 a.m. G Promissory Note(s) bearing interest at per cent per annum before maturity and at per cent per annum after maturity. The purchaser shall pay the unpaid balance, if not paid in cash, as per terms of the Security Agreement or Promissory Note(s) or true copy that is attached and that forms part of this contract. 16 The dealer and distributor warrant that the implement(s) is capable of developing power at: G power take off; G drawbar; or G (check one) if properly maintained and operated under suitable conditions. 17 The above implement(s) will perform well the work or functions for which it was intended and that principally includes: 18 The trial period under this contract must be the earlier of: (i) the first 10 days of use by the purchaser during the season of use; and (ii) the first 50 hours of use by the purchaser during the season of use. 19 If the implement(s) is not delivered to the purchaser on or before the delivery date stated in this contract or any extension of this contract mutually agreed on in writing, the purchaser may terminate this contract by giving notice in writing to the dealer. On termination of the contract the dealer shall return to the purchaser any moneys paid, discharge any security interest taken, and return in the same condition the implement(s) traded in as listed above, but if the trade-in cannot be returned in the same condition as received, the dealer shall pay to the purchaser the sum indicated as market value above. Time is of the essence. 20 This contract is made pursuant to and subject to The Agricultural Implements Act (Saskatchewan) and is deemed to be made and is to be interpreted and enforced according to the laws of the Province of Saskatchewan. 21 The purchaser certifies that the implement(s) will be used exclusively for agricultural purposes. The farmstead of the purchaser is located on Sec. ; T. ; R. ; W. . Dealer or Authorized Agent’s Signature Purchaser’s Signature(s) APPROVED December 11, 2018 - 11:52 a.m. AGRICULTURAL IMPLEMENTS REGULATIONS, 2019 11 G Cash 10 Unpaid balance $ ............ 11 G Security Agreement G Promissory Note( T s) H b E ea r A in G g R in I te C re U st L a T t U R A L I M P L p E e M r c E en N t p T e S r , a n 2 n 0 u 1 m 9 A-10 REG 2 before maturity and at per cent per annum after maturity. The purchaser shall pay the unpaid balance, if not paid in cash, as per terms of the Security Agreement or Promissory Note(s) or true copy that is attached and that forms part of this contract. 16 The dealer and distributor warrant that the implement(s) is capable of developing power at: G power take off; G drawbar; or G (check one) if properly maintained and operated under suitable conditions. 17 The above implement(s) will perform well the work or functions for which it was intended and that principally includes: 18 The trial period under this contract must be the earlier of: (i) the first 10 days of use by the purchaser during the season of use; and (ii) the first 50 hours of use by the purchaser during the season of use. 19 If the implement(s) is not delivered to the purchaser on or before the delivery date stated in this contract or any extension of this contract mutually agreed on in writing, the purchaser may terminate this contract by giving notice in writing to the dealer. On termination of the contract the dealer shall return to the purchaser any moneys paid, discharge any security interest taken, and return in the same condition the implement(s) traded in as listed above, but if the trade-in cannot be returned in the same condition as received, the dealer shall pay to the purchaser the sum indicated as market value above. Time is of the essence. 20 This contract is made pursuant to and subject to The Agricultural Implements Act (Saskatchewan) and is deemed to be made and is to be interpreted and enforced according to the laws of the Province of Saskatchewan. 21 The purchaser certifies that the implement(s) will be used exclusively for agricultural purposes. The farmstead of the purchaser is located on Sec. ; T. ; R. ; W. . Dealer or Authorized Agent’s Signature Purchaser’s Signature(s) APPROVED December 11, 2018 - 11:52 a.m. 12 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 BACK OF FORM A The Agricultural Implements Act provides the following statutory warranties: Warranties re sale of new implement 36(1) Every contract for the sale of a new implement is deemed to include the express joint and several warranties on the part of the dealer and the distributor that are mentioned in this section. (2) The warranties mentioned in this section are to apply for the longer of: (a) one year from the date of first use of the new implement; and (b) any longer period that is provided by this Act or is set out in the sales contract. (3) Every contract for the sale of a new implement is deemed to include a warranty that the new implement is well-made and of good materials. (4) Every contract for the sale of a new implement is deemed to include a warranty that, if the new implement is properly used and operated, it will perform well the work for which it is intended. (5) Every contract for the sale of a new implement is deemed to include a warranty that the purchaser may do the things mentioned in subsection (6) if: (a) the new implement does not perform well the work for which it is intended within a period that is the earlier of: (i) the first 10 days of use by the purchaser during the season of use; and (ii) the first 50 hours of use by the purchaser during the season of use; (b) within the period mentioned in clause (a), the purchaser gives written notice to the dealer at the address given for the dealer in the sales contract, or to the distributor, that the implement does not work well; and (c) within a period of seven days following receipt of the written notice mentioned in clause (b), the dealer or the distributor does not make the implement perform well the work for which it is intended. (6) In the circumstances mentioned in subsection (5): (a) the purchaser may, by giving written notice to the dealer or the distributor within the three days immediately following the seven-day period mentioned in clause (5)(c), reject the implement; and (b) if the purchaser rejects the implement in accordance with clause (a): (i) the sales contract is ended; (ii) the purchaser is entitled to a return of any moneys paid or notes given by the purchaser for the purchase of the implement and of the freight charges paid by the purchaser; and 13 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 (iii) if any goods have been taken in trade by the dealer, the dealer shall: (A) return those goods to the purchaser; or (B) if the goods cannot be returned in the same condition or have been sold to a third party, pay to the purchaser the amount of the fair market value of those goods. (7) Notwithstanding subsections (5) and (6), the purchaser is deemed to forfeit the purchaser’s right to reject an implement if the purchaser fails to give either of the written notices within the period mentioned in those subsections, unless the dealer or distributor either before or after the expiration of the period does any act or engages in any conduct that leads the purchaser to believe that the written notices are not required to be given or had been given. (8) If the dealer is required pursuant to subsection (6) to return any goods given in trade by the purchaser but has, before the termination of the sale contract, incurred costs or performed work in repairing or reconditioning those goods, the dealer may refuse to return those goods until: (a) the purchaser has paid for the reasonable costs of the repairs or reconditioning, including labour costs that must be determined using: (i) the usual rate charged by that dealer at the time; and (ii) a reasonable time charged for doing the work; or (b) arrangements satisfactory to the dealer have been made for the payment of those costs. (9) Every contract for the sale of a new implement is deemed to include a provision that if, within the seven-day period mentioned in clause (5)(c), the dealer or distributor makes the new implement perform well the work for which it is intended and if the purchaser’s failure to make the implement perform well was due to the purchaser’s own improper management or want of skill in operating the implement, the purchaser shall pay the expenses incurred by the dealer or distributor in making the implement work well. (10) Every contract for the sale of a new implement is deemed to include a warranty that: (a) the new implement will be durable if used under fit and suitable conditions and kept with proper care; (b) parts proving defective will be replaced free of charge on return of the defective parts to the dealer’s place of business or to the distributor; (c) if the purchaser returns the new implement to the dealer’s place of business, the dealer will install the new parts without charge; and (d) all parts replaced within the warranty period are durable for the duration of the original warranty period mentioned in subsection (2) or for 90 days from the date of installation, whichever is longer. 14 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 (11) Every contract for the sale of a new implement is deemed to include a warranty that, for a period of 10 years from the date of sale indicated on the sales contract: (a) all necessary parts for the implement will be kept by the distributor in Saskatchewan; and (b) the purchaser will be able to obtain all necessary parts within a reasonable time at the distributor’s place of business. The Agricultural Implements Act provides the following regarding emergency repair service and parts: Provisions respecting emergency repair service and parts 33(1) Where, within 10 years of the date of its sale as a new implement, an implement breaks down during the season of use and cannot be operated to perform, with reasonable efficiency, the intended functions set out in the contract of purchase, the dealer and the distributor shall provide to the purchaser emergency parts service for the implement. (2) Where parts are required for emergency repairs, the purchaser shall, when ordering the parts, notify the dealer that the parts are required for emergency repairs and the dealer shall identify the order as an emergency order and indicate thereon the date and time the order was placed and provide the purchaser with a copy of the order. (3) Where the purchaser has, under subsection (2), notified the dealer that parts are required for emergency repairs, the dealer shall notify the distributor to that effect. (4) If a purchaser orders parts for emergency repairs, the dealer and the distributor shall ensure that those parts are available at the dealer’s place of business within 72 hours from the time the order was made, not including holidays, unless delivery of the parts cannot be made within that period because of strikes or other conditions beyond the control of the dealer and the distributor. (5) Repealed. (6) Any extra costs in excess of the current list price charged to a purchaser for obtaining parts shall be shown separately on the invoice or bill to the purchaser and no such extra cost shall be included as part of the price of the parts. (7) Where a dealer or distributor from whom a purchaser orders parts fails to obtain those parts within the time specified in subsection (4), the dealer and distributor are jointly and severally liable, except where delivery of the parts cannot be made because of conditions beyond the control of the dealer and the distributor, to pay to the purchaser an amount equal to one-half of the normal rental rate applicable for the implement from the date of the expiry of the time limit for delivery to the date on which those parts are made available to the purchaser at the dealer’s place of business. (8) The payment under subsection (7) shall be made only for the time during which the implement would normally have been used. 15 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 (9) In lieu of making payments as set out in subsections (7) and (8), the dealer and distributor may: (a) supply the purchaser with another implement that is suitable and capable of functioning properly; and (b) if the dealer and distributor supply the purchaser with another implement pursuant to clause (a), charge the purchaser rental for that implement, to a maximum of one-half of the normal rental rate for that implement. (9.1) The dealer and distributor are jointly responsible for supplying the replacement equipment and are to bear equally the cost imposed on them pursuant to subsection (9) of supplying the replacement equipment. (9.2) Replacement equipment may be supplied: (a) by the dealer or distributor; or (b) if the dealer or distributor chooses not to supply the replacement equipment, by another supplier at the expense of the dealer and distributor. (9.3) In subsections (9.1) and (9.2), “replacement equipment” means an implement supplied pursuant to subsection (9). (10) The normal rental rates mentioned in this section shall be those established by the board. 16 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 AGRICULTURAL IMPLEMENTS REGULATIONS, 2019 16 FORM B CONTRACT FOR SALE OF A SECOND HAND OR USED FARM IMPLEMENT Dealer’s Name: Purchaser’s Name: Address: Postal Code: Address: Postal Code: Licence Number: Date: Distributor’s Name: Address: Postal Code: 1 The dealer and the purchaser agree to the terms and conditions of this contract covering the purchase of the second hand or used implement(s) and extra equipment [extra equipment includes all attachments or accessories to the implement(s)] described at the price set forth in this contract or in the attached schedule that is initialled by both parties and that forms part of this contract. Delivery date of the implement(s) and extra equipment is to be made not later than the day of 20 (referred to in this contract as the delivery date) F.O.B. . 2 DESCRIPTION AND PRICE OF IMPLEMENT(S) Implement Make Model Size Serial No. Model Year List Price Type Extra Equipment 3 DESCRIPTION AND VALUE OF TRADE-IN 4 Add: Transportation Costs $ ............. Implement Serial Market Trade-in Other Charges $ ............. Make Model Size Type No. Value Value Delivered List Price $ ............. 5 Deduct Discount (if any) $ ............. 6 Total Cash Price ..... $ ............. 7 Add: Property Insurance Extra Equipment Fees $ ............... Total Trade-in Allowance .............. $ ................ Credit Life Insurance Less Owing to ........................ $ ................ Fees $.......... Net Trade-in (to clause 9) ................ $ ................ Other Fees $.......... The purchaser certifies that the trade-in is free of all liens and Specify............... encumbrances except as shown above. Total Fees $ ............. 11 Cost of borrowing ................... $ ................ 8 Total Cash Price-inc. fees $ ............. 12 Time balance (10 and 11) ............. $ ................ 13 Cost of borrowing per cent per annum 9 Deduct on the unpaid balance from time to time Net Trade-in $ ......... 14 Cost of borrowing begins Cash Payment $........ 15 The above implement(s) are purchased on the following terms (check one): Other Credit $ ......... Total Payment ........ $ ............. G Cash 10 Unpaid balance ...... $ ............. APPROVED December 11, 2018 - 11:52 a.m. 17 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 AGRICULTURAL IMPLEMENTS REGULATIONS, 2019 18 G Security Agreement G Promissory Note(s) bearing interest at per cent per annum before maturity and at per cent per annum after maturity. The purchaser shall pay the unpaid balance, if not paid in cash, as per terms of the Security Agreement or Promissory Note(s) or true copy that is attached and that forms part of this contract. 16 If the implement(s) is not delivered to the purchaser on or before the delivery date stated in this contract or any extension of this contract mutually agreed on in writing, the purchaser may terminate this contract by giving notice in writing to the dealer. On termination of the contract the dealer shall return to the purchaser any moneys paid, discharge any security interest taken, and return in the same condition the implement(s) traded in as listed above, but if the trade-in cannot be returned in the same condition as received, the dealer shall pay to the purchaser the sum indicated as market value above. Time is of the essence. 17 WARRANTY To be completed per warranty agreed on. If warranty does not apply check "No Warranty". NO WARRANTY WARRANTY 18 This contract is made pursuant to and subject to The Agricultural Implements Act (Saskatchewan) and is deemed to be made and is to be interpreted and enforced according to the laws of the Province of Saskatchewan. 19 The purchaser certifies that the implement(s) will be used exclusively for agricultural purposes. The farmstead of the purchaser is located on Sec. ; T. ; R. ; W. . Dealer or Authorized Agent’s Signature Purchaser’s Signature(s) BACK OF FORM B EMERGENCY REPAIR PARTS SERVICE The Agricultural Implements Act in respect of emergency repair service and parts provides as follows: 33(1) Where, within 10 years of the date of its sale as a new implement an implement breaks down during the season of use and cannot be operated to perform, with reasonable efficiency, the intended functions set out in the contract of purchase, the dealer and the distributor shall provide to the purchaser emergency parts service for the implement. (2) Where parts are required for emergency repairs, the purchaser shall, when ordering the parts, notify the dealer that the parts are required for emergency repairs and the dealer shall identify the order as an emergency order and indicate thereon the date and time the order was placed and provide the purchaser with a copy of the order. APPROVED December 11, 2018 - 11:52 a.m. 18 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 BACK OF FORM B EMERGENCY REPAIR PARTS SERVICE The Agricultural Implements Act in respect of emergency repair service and parts provides as follows: 33(1) Where, within 10 years of the date of its sale as a new implement an implement breaks down during the season of use and cannot be operated to perform, with reasonable efficiency, the intended functions set out in the contract of purchase, the dealer and the distributor shall provide to the purchaser emergency parts service for the implement. (2) Where parts are required for emergency repairs, the purchaser shall, when ordering the parts, notify the dealer that the parts are required for emergency repairs and the dealer shall identify the order as an emergency order and indicate thereon the date and time the order was placed and provide the purchaser with a copy of the order. (3) Where the purchaser has, under subsection (2), notified the dealer that parts are required for emergency repairs, the dealer shall notify the distributor to that effect. (4) If a purchaser orders parts for emergency repairs, the dealer and the distributor shall ensure that those parts are available at the dealer’s place of business within 72 hours from the time the order was made, not including holidays, unless delivery of the parts cannot be made within that period because of strikes or other conditions beyond the control of the dealer and the distributor. (5) Repealed. (6) Any extra costs in excess of the current list price charged to a purchaser for obtaining parts shall be shown separately on the invoice or bill to the purchaser and no such extra cost shall be included as part of the price of the parts. (7) Where a dealer or distributor from whom a purchaser orders parts fails to obtain those parts within the time specified in subsection (4), the dealer and distributor are jointly and severally liable, except where delivery of the parts cannot be made because of conditions beyond the control of the dealer and the distributor, to pay to the purchaser an amount equal to one-half of the normal rental rate applicable for the implement from the date of the expiry of the time limit for delivery to the date on which those parts are made available to the purchaser at the dealer’s place of business. (8) The payment under subsection (7) shall be made only for the time during which the implement would normally have been used. 19 THE AGRICULTURAL IMPLEMENTS, 2019 A-10 REG 2 (9) In lieu of making payments as set out in subsections (7) and (8), the dealer and distributor may: (a) supply the purchaser with another implement that is suitable and capable of functioning properly; and (b) if the dealer and distributor supply the purchaser with another implement pursuant to clause (a), charge the purchaser rental for that implement, to a maximum of one-half of the normal rental rate for that implement. (9.1) The dealer and distributor are jointly responsible for supplying the replacement equipment and are to bear equally the cost imposed on them pursuant to subsection (9) of supplying the replacement equipment. (9.2) Replacement equipment may be supplied: (a) by the dealer or distributor; or (b) if the dealer or distributor chooses not to supply the replacement equipment, by another supplier at the expense of the dealer and distributor. (9.3) In subsections (9.1) and (9.2), “replacement equipment” means an implement supplied pursuant to subsection (9). (10) The normal rental rates mentioned in this section shall be those established by the board. 1 Feb 2019 cA-10 Reg 2. 20 A-10 REG 2 THE AGRICULTURAL IMPLEMENTS, 2019 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN’S PRINTER Copyright©2019