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COMMITMENTS AND CONTINGENCIES
6 Months Ended
Apr. 30, 2013
COMMITMENTS AND CONTINGENCIES  
COMMITMENTS AND CONTINGENCIES

(14)            Commitments and contingencies:

 

The Company generally determines its total warranty liability by applying historical claims rate experience to the estimated amount of equipment that has been sold and is still under warranty based on dealer inventories and retail sales.  The historical claims rate is primarily determined by a review of five-year claims costs and current quality developments.

 

The premiums for extended warranties are primarily recognized in income in proportion to the costs expected to be incurred over the contract period.  These unamortized warranty premiums (deferred revenue) included in the following table totaled $325 million and $249 million at April 30, 2013 and 2012, respectively.

 

A reconciliation of the changes in the warranty liability and unearned premiums in millions of dollars follows:

 

 

 

Three Months Ended
April 30

 

Six Months Ended
April 30

 

 

2013

 

2012

 

2013

 

2012

 

 

 

 

 

 

 

 

 

Beginning of period balance

 

  $

1,091

 

  $

895

 

 $

1,025

 

  $

892

Payments

 

(158)

 

(121)

 

(323)

 

(257)

Amortization of premiums received

 

(29)

 

(26)

 

(57)

 

(51)

Accruals for warranties

 

204

 

161

 

415

 

300

Premiums received

 

47

 

35

 

91

 

70

Foreign exchange

 

(3)

 

(1)

 

1

 

(11)

End of period balance

 

  $

1,152

 

  $

943

 

 $

1,152

 

  $

943

 

At April 30, 2013, the Company had approximately $310 million of guarantees issued primarily to banks outside the U.S. and Canada related to third-party receivables for the retail financing of John Deere equipment.  The Company may recover a portion of any required payments incurred under these agreements from repossession of the equipment collateralizing the receivables.  At April 30, 2013, the Company had an accrued liability of approximately $8 million under these agreements.  The maximum remaining term of the receivables guaranteed at April 30, 2013 was approximately seven years.

 

At April 30, 2013, the Company had commitments of approximately $426 million for the construction and acquisition of property and equipment.  Also, at April 30, 2013, the Company had restricted assets of $52 million, primarily as collateral for borrowings and restricted other assets.  See Note 11 for additional restricted assets associated with borrowings related to securitizations.

 

The Company also had other miscellaneous contingent liabilities totaling approximately $50 million at April 30, 2013, for which it believes the probability for payment is substantially remote.  The accrued liability for these contingencies was not material at April 30, 2013.

 

The Company is subject to various unresolved legal actions which arise in the normal course of its business, the most prevalent of which relate to product liability (including asbestos related liability), retail credit, software licensing, patent, trademark and environmental matters.  The Company believes the reasonably possible range of losses for these unresolved legal actions in addition to the amounts accrued would not have a material effect on its consolidated financial statements.