C.R.S.
Section 6-1-1504
Limitations
(1)
Subject to subsection (2) of this section, nothing in this part 15:(a)
Alters the terms of any contract or other arrangement in force between an original equipment manufacturer and an authorized repair provider, including the performance or provision of warranty or recall repair work and any exclusivity or noncompete clause in a contract;(a.5)
[Editor’s note:(I)
Make any modification to agricultural equipment that deactivates a safety notification system, except as necessary to provide services;(II)
Access any function of a tool that enables the independent repair provider or owner to change the settings for a piece of agricultural equipment in a manner that brings the equipment out of compliance with any applicable federal, state, or local safety or emissions law, except as necessary to provide services;(III)
Evade emissions, copyright, trademark, or patent laws; or(IV)
Engage in any other illegal equipment modification activities;(b)
Requires a manufacturer to provide an independent repair provider or owner access to information, other than documentation, that the manufacturer provides to an authorized repair provider pursuant to a contract or other arrangement with the authorized repair provider except as necessary to comply with section 6-1-1503 (1); or(c)
Exempts a manufacturer from a products liability claim that is otherwise authorized in law.(2)
[Editor’s note:(2)
[Editor’s note:(a)
With respect to a contract or other arrangement, or renewal of a contract or existing arrangement, that an original equipment manufacturer enters into after January 1, 2023, any contract term, provision, agreement, or language in the contract or arrangement that waives, avoids, restricts, or limits the manufacturer’s obligations under this part 15 is void and unenforceable.(b)
If an agricultural equipment manufacturer enters into, or is covered under, a nationwide memorandum of understanding regarding a right to repair agricultural equipment, the memorandum of understanding governs an owner’s right to provide services, or to engage the services of an independent repair provider, for that manufacturer’s brand of agricultural equipment; except that, if compliance with the memorandum of understanding would deny the owner any rights afforded to the owner in this part 15, including any rights to documentation, data, tools, or embedded software for agricultural equipment necessary for the diagnosis, maintenance, or repair of the owner’s agricultural equipment, the owner is entitled to the documentation, data, tools, or embedded software for agricultural equipment in accordance with this part 15. An agricultural equipment manufacturer that enters into a memorandum of understanding is still obligated to meet the requirements established in this part 15.
Source:
Section 6-1-1504 — Limitations, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-06.pdf (accessed Oct. 20, 2023).
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