YANMAR America Wins Appeal in Alabama Gray Market Tractor Case
October 2, 2014
Yanmar Co., Ltd.
YANMAR America Corporation announces the successful appeal of a suit involving the alleged illegal importation of a used “gray market” YANMAR tractors and an injury resulting from one on those gray market tractors. YANMAR America was filed suit against by Randy Nichols, brother of the tractor’s owner, Autrey Nichols, who purchased a YANMAR model tractor designed for tilling rice paddies in Japan. The plaintiff alleged that the defendant negligently failed to warn users about the potential dangers associated with gray marketing tractors (those that are intended for sale and use only within Japan).
Gray market products are those which are imported into a market which is not intended for use by the trademark holder and is done without its consent. The gray market tractor in question complied with applicable Japanese safety standards and regulations, however they are not required to and often do not comply with United States safety standards and regulations, and pose a potential safety risk to uninformed United States consumers.
As part of the Nichols decision of the Alabama Supreme Court, the court found that the plaintiff was unable to evidence that YANMAR America participated in any activity that increased the plaintiff’s risk of harm over any risk of harm that would have existed had YANMAR America chosen not to warn potential users of gray market tractors.
YANMAR America has been involved in efforts to discourage the purchase of gray market tractors since 1992. Today, consumers can continue to read YANMAR’s safety notice for gray market equipment at us.yanmar.com/legal/grey-market-notice.
Any questions concerning YANMAR’s continuing efforts in this regard or about the Alabama Supreme Court decision in Nichols can be referred to Ryan M. Pott, Director of Legal Affairs, YANMAR America Corporation, 101 International Parkway, Adairsville, GA 30103, 770-877-9894.
About YANMAR America Corporation:
Based in Adairsville, GA, YANMAR America Corp. is a subsidiary of YANMAR Co., Ltd. – which recently celebrated its 100thyear of operation. YANMAR America is a recognized global leader in the design and manufacturing of advanced performance diesel engines and diesel-powered equipment for a multitude of market segments including marine and industrial engines, compact tractors, compact construction equipment and energy systems. YANMAR Co. Ltd., was established in 1912 and in 1933 became the world's first manufacturer to develop a practical small diesel engine. Over the last 80 years, YANMAR has been a manufacturer of world-renowned diesel engines, energy systems and agricultural, construction and industrial machinery. With global headquarters in Osaka, Japan, YANMAR is well recognized for the unsurpassed quality of its products. Its American headquarters representing North, Central and South America is located at 101 International Parkway, Adairsville, GA 30103. For more information, please visit us.yanmar.com.
101 International Parkway
Adairsville, GA 30103