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The Rural Voice, 1996-10, Page 48GREY County Federation of Agriculture NEWSLETTER 446 10th St., Hanover, Ontario N4N 1P9 519-364-3050 • The Rural Voice is provided to all Grey County Farmers by the GCFA. Farm Implements Board ruling leaves unanswered questions On this page of the May '96 issue of The Rural Voice we presented a factual account of the life of a CASE IH 1594 tractor in an effort to assist one of our members. The story outlined a dispute as to whether or not engine failure was caused by rainfall (which later froze) entering the oil pump by way of the muffler which has a raised lip around the top. It is the contention of the Grcy Federation that this is a basic flaw in the design of the original equipment. As in the words of Rodney Dangerfield, "I get no respect," so is the life of this tractor and its owner. We found it difficult to research the facts on the tractor because there is no "lemon registry" for agricultural machinery hike that which the Consumers' Association has for consumer products. This writer interviewed a former Case IH dealer here in Ontario, who said, "I would not stock or sell that model of tractor for the company." Later, on a trip to Ohio, a Case IH dealer in that state, when asked about the reliability of the model 1594, responded, "Are you buying or selling?" When it was assured that they were not being taped, or their names revealed, the answers to the questions were genuine, and what I believe to be truthful and factual, and they did not have much good to say about this piece of equipment. The Grey Federation ran the story on our newsletter page in The Rural Voice, in order to get feedback from others with experience with this tractor. We appreciate that Keith Roulston allowed us the freedom to print our story in our newsletter in spite of the potential for pressure from advertisers. Two other farm publications would not accept our 44 THE RURAL VOICE article or letter to the editor. However, 11 of the 12 farmers who responded to our advertisement, indicated problems with this, or similar model of tractor. The questions of whether the company was responsible for the damage to the tractor was heard by the Ontario Farm Implements Board (OFIB) on June 24, 1996. When the application for a hearing 'was made it was requested that the sections of the Implements Act covering this situation be quoted. The Board made a ruling that thcy could go ahead with the hearing under the section 5(2)(c), which refers to the Board's authority to consider a matter based on the request of the purchaser, dealer or distributor. However, when the decision was handed down, the findings were under other sections. The first reason given was that section 13(a) applies only to new farm implements. We feel that this problem was with the equipment from the time ,it was new, and did not just develop later, that it is a basic design flaw. Furthermore, the muffler was original equipment and the part number is still valid, and that design of muffler is still being sold by Case IH. The second section quoted is 18(6), that when a distributor is aware of a "significant percentage of farm implements sold exhibit a common defect, the distributor shall notify purchasers of the defect and of thedistributor's obligation to repair the defective farm implements." The board felt that no evidence was shown that a significant percentage experienced problems. How is the evidence to be collected when it is not in the dealers' interests to be negative about their own equipment? It is our contention that 11 farmers who responded to our inquiry may well represent a significant number of others, and that if a suitable method of collecting this information were available, this could be demonstrated. All of this leads one to wonder about the effectiveness of legislation and a board whose main purpose seems to be to reinforce the manufacturer's warranty — but only on new equipment and only while owned by the original purchaser. Isn't that what the warranty is supposed to do already? It is the intention of the Grey Federation of Agriculture . to work toward improving the legislation so that meaningful protection is given to farmers against bearing the cost of defects in equipment. In the meantime, you can be assured that we will continue to work, doing whatever we can to accomplish what is being asked by our members.° — submitted by Ken Furlong President, GCFA GREY COUNTY FEDERATION OF AGRICULTURE 56TH ANNUAL MEETING AND BANQUET Friday, October 18, 1996 Flesherton Community Centre Social: 6:30 p.m. Dinner: 7:00 p.m. GUEST SPEAKER: Ginty Joclus President, Outdoor Farm Show Tickets: $12.00/Person Tickets available from GCFA Directors or call the office at 364-3050 or 1-800-275-9551 •