Notifications

Non-urgent government operations are closed December 24 to January 1, reopening January 2. See the list of services available during this time.

Notifications

Government mail service may be affected by the Canada Post labour disruption. See how to send and receive government mail during this time

Part of Farm implements

Notice of Failure to Perform

Purchasers may have the opportunity to have farm equipment repaired, replaced or refunded if it does not perform as intended.

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, and a farmer wishes to file a Notice of Failure to Perform, it must be sent 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.

Oil pumps in a field

FAO advisories

Stay informed with advisories from the Farmers’ Advocate Office.

Learn more

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

View all FAO contact information

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

FAO on Facebook

FAO on X

Sign up for updates

Keep informed of FAO news and activities.

Join our email list