Agco, Kubota sign onto U.S. right-to-repair pledge

Firms join Deere, CNH in pacts with Farm Bureau

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Published: May 26, 2023

A Massey Ferguson MF 5S series tractor. (Agcocorp.com)

Two more major ag equipment makers have signed onto a framework that would grant farmers and independent repair shops in the United States reasonable access to the means to repair their machines.

The Washington, D.C.-based American Farm Bureau Federation (AFBF) on Monday announced it had reached memorandums of understanding (MOUs) with equipment firms Agco and Kubota on allowing the so-called “right to repair.”

The MOUs, reached separately with each company, follow similar pacts the AFBF made in January with Deere and Co. and in March with CNH, the maker of Case IH and New Holland equipment.

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The agreements lay out a framework under which farmers and independent repair facilities in all 50 U.S. states and Puerto Rico would be able to access Agco and Kubota manuals, tools, product guides and information to self-diagnose and self-repair machines.

The pact also provides for support from the manufacturers to directly purchase or lease diagnostic tools and order products and parts. Farmers or independent repair shops would be able to obtain specialized tools, software or documentation from authorized repair shops on “fair and reasonable terms” via subscription or sale.

Barry O’Shea, vice-president for customer support at Agco — whose brands include Massey Ferguson, Fendt and Challenger — said in AFBF’s release that “Agco’s farmer-first focus guides us in everything we do, and we support farmers’ ability to repair the equipment they own.”

Todd Stucke, senior vice-president of marketing for Kubota, said in the same release that the company, through its dealer network, makes shop tools, parts, guides and manuals available to owners who choose to work directly on their machines.

“We strive to ensure that our equipment is manufactured to the highest engineering standards to maximize performance for our customers, and this agreement is a good step toward further protecting their safety while operating, maintaining and repairing it,” Stucke said.

The agreements emphasize that the manufacturer isn’t obliged to divulge any trade secrets, nor to allow farmers or independents to override equipment safety features or emissions controls, nor to sell tools, software or documents that either never existed or are no longer available to either the company or its authorized repair sites.

Taken together with the Deere and CNH MOUs, AFBF said the four agreements cover about 70 per cent of the farm machinery sold in the U.S.

“Farmers and ranchers urged us to find a private sector-solution to the challenges of repairing their own equipment,” AFBF president Zippy Duvall said in the same release. “These agreements represent ongoing efforts to ensure farmers have access to the tools necessary to keep their equipment running, and to keep food on the table for families across America.”

The MOUs with Agco and Kubota both took effect as of May 17. They also commit the companies and AFBF to meet at least semi-annually to assess how the MOUs are working and suggest changes as needed.

The MOUs also allow for the AFBF or either company to withdraw on delivery of written notice, but the parties agree to “co-operate in good faith” to schedule a meeting within 30 days of that notice to discuss the “ongoing viability” of the MOU.

The MOUs’ “intended beneficiaries” are farmers in the 50 U.S. states and Puerto Rico; neither agreement mentions any commitment to provide the same services to farmers outside U.S. territory. — Glacier FarmMedia Network

About the author

Dave Bedard

Dave Bedard

Editor, Grainews

Writer and editor. A Saskatchewan transplant in Winnipeg.

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