NY Gen Mun L § 109-D (2021)
2021 New York Laws GMU - General Municipal Article 5-A - Public Contracts 109-D - Emergency Vehicle Warranties.

§ 109-d. Emergency vehicle warranties. 1. Definitions. As used in this section:   a.  "Ambulance" means a motor vehicle designed, appropriately equipped and  used  for  the  purpose  of:  (i)  transporting  emergency  medical personnel  and  equipment  to sick or injured persons; and (ii) carrying sick or injured persons by a person or entity registered or certified as an ambulance service by the department of health, that was subject to  a manufacturer's express warranty at the time of original delivery and was purchased  or transferred in this state within either the first eighteen thousand miles of operation or two  years  from  the  date  of  original delivery, whichever is earlier.   b.  "Fire  vehicle"  means  a  motor  vehicle  specially  designed and equipped for firefighting purposes which was subject to a manufacturer's express warranty at the time of original delivery and was  purchased  or transferred  in this state within either the first two thousand hours of service or two years from the date of original  delivery,  whichever  is earlier.   c.  "Municipal consumer" means a political subdivision or fire company which is the purchaser or transferee of a fire vehicle or ambulance  and any  other  person  entitled by the terms of the warranty to enforce the obligations of such warranty.   d.  "Warranty"  means  the  written  warranty,  so  labeled,  of   the manufacturer and any other warranties set forth in the manufacturer's or its agent's bid or offer submitted where competitive bidding is required by statute, rule, regulation or local law, including but not limited to, a   bid   or   offer  submitted  pursuant  to  the  competitive  bidding requirements of section one hundred three of this article, and including any conditions precedent to the enforcement of  obligations  under  such warranties.   2.  Warranties.  a.  (i)  If  a  new  fire  vehicle  which is sold and registered in this state does not  conform  to  all  express  warranties during  the  first two thousand hours of service or during the period of two years following the date of original delivery of the fire vehicle to the municipal consumer, whichever is the  earlier  date,  or  if  a  new ambulance which is sold and registered in this state does not conform to all  express  warranties  during  the  first  eighteen thousand miles of operation or during the period  of  two  years  following  the  date  of original  delivery of the ambulance to the municipal consumer, whichever is the earlier date, the municipal consumer  shall  during  such  period report  the  nonconformity, defect or condition to the manufacturer, its agent or its authorized dealer. If the notification is received  by  the manufacturer's  agent  or  authorized  dealer, the agent or dealer shall within seven days forward written notice thereof to the manufacturer  by certified  mail,  return  receipt  requested,  and shall include in such notice a statement indicating whether or  not  such  repairs  have  been undertaken.  The  manufacturer, its agent or its authorized dealer shall correct said nonconformity, defect or condition  at  no  charge  to  the municipal  consumer, notwithstanding the fact that such repairs are made after the expiration of such  period  of  operation  or  such  two  year period.  (ii)  If  a  manufacturer's  agent  or  authorized  dealer  refuses to undertake repairs within seven days  of  receipt  of  the  notice  by  a municipal  consumer  of a nonconformity, defect or condition pursuant to subparagraph  (i)  of  this  paragraph,  the  municipal   consumer   may immediately  forward  written notice of such refusal to the manufacturer by certified mail, return receipt requested.  The  manufacturer  or  its authorized  agent  shall have twenty days from receipt of such notice of refusal to commence such repairs. If within such twenty day period,  the  manufacturer or its authorized agent fails to commence such repairs, the manufacturer, at the option of the municipal consumer, shall replace the fire vehicle or ambulance with a comparable vehicle, or accept return of the  fire vehicle or ambulance from the municipal consumer and refund to the municipal consumer the full purchase price plus  fees  and  charges. Such  fees  and  charges shall include but not be limited to all license fees, registration fees and any similar  governmental  charges,  less  a reasonable  allowance  for any damage not attributable to normal wear or improvements.   b. (i) If,  within  the  period  specified  in  paragraph  a  of  this subdivision,  the  manufacturer  or its agents or authorized dealers are unable to repair or correct any defect or condition which  substantially impairs  the  value  of  the  fire vehicle or ambulance to the municipal consumer after a reasonable number of attempts, the manufacturer, at the option of the municipal consumer, shall  replace  the  fire  vehicle  or ambulance  with  a  comparable  vehicle,  or  accept  return of the fire vehicle or ambulance from the  municipal  consumer  and  refund  to  the municipal  consumer  the  full purchase price plus fees and charges. Any return of a fire  vehicle  or  ambulance  may,  at  the  option  of  the municipal  consumer,  be made to the dealer or other authorized agent of the manufacturer  who  sold  such  fire  vehicle  or  ambulance  to  the municipal  consumer  or  to  the  dealer  or  other authorized agent who attempted  to  repair  or  correct  the  defect   or   condition   which necessitated the return and shall not be subject to any further shipping charges.  Such  fees and charges shall include but not be limited to all license fees, registration fees and any  similar  governmental  charges, less  a  reasonable  allowance for any damage not attributable to normal wear or improvements.  (ii) A  manufacturer  which  accepts  return  of  a  fire  vehicle  or ambulance  because  such  vehicle does not conform to its warranty shall notify the commissioner of motor  vehicles  that  the  fire  vehicle  or ambulance  was  returned  to  the  manufacturer for nonconformity to its warranty and shall  disclose,  in  accordance  with  the  provisions  of section four hundred seventeen-c of the vehicle and traffic law prior to resale either at wholesale or retail, that it was previously returned to the  manufacturer  for  nonconformity  to its warranty. Refunds shall be made to  the  municipal  consumer  and  lienholder,  if  any,  as  their interests  may appear on the records of ownership kept by the department of motor vehicles.  (iii) It shall be an affirmative  defense  to  any  claim  under  this section that:  (A)  the  nonconformity,  defect  or  condition does not substantially impair the value of the fire vehicle or ambulance; or  (B) the nonconformity, defect or condition is  the  result  of  abuse, neglect,  or  unauthorized  modifications  or  alterations  of  the fire vehicle or ambulance.   c. It shall be presumed that a reasonable number of attempts have been undertaken to conform a fire vehicle  or  ambulance  to  the  applicable express warranties, if:  (i)  the  same  nonconformity, defect or condition has been subject to repair four  or  more  times  by  the  manufacturer  or  its  agents  or authorized  dealers  within  the  first two thousand hours of service or during the period of two years following the date of  original  delivery of  the  fire  vehicle to a municipal consumer, whichever is the earlier date, or, within the first  eighteen  thousand  miles  of  operation  or during  the  period of two years following the date of original delivery of the ambulance to a municipal consumer, whichever is the earlier date, but such nonconformity, defect or condition continues to exist; or  (ii) the fire vehicle or ambulance is out  of  service  by  reason  of repair  of  one  or  more  nonconformities,  defects or conditions for a cumulative total of thirty or more calendar days during  either  period, whichever is the earlier date.   d.  The  term of an express warranty, the two year warranty period and the thirty day out of service period  shall  be  extended  by  any  time during which repair services are not available to the municipal consumer because  of  a  war,  invasion  or  strike, fire, flood or other natural disaster.   3.  Informal  dispute  settlement.  a.  (i)  If  a  manufacturer   has established  an  informal  dispute  settlement mechanism, such mechanism shall comply in all  respects  with  the  provisions  of  this  section; provided,  however,  that  the  provisions  of  subdivision  two of this section concerning  refunds  or  replacement  shall  not  apply  to  any municipal  consumer who has not first resorted to such mechanism. In the event that an arbitrator in such an informal dispute mechanism awards  a refund  or  replacement  fire  vehicle or ambulance, he or she shall not reduce the award to an amount less than the full  purchase  price  or  a fire  vehicle  or  ambulance  of  equal value, plus all fees and charges except to the extent such reductions are  specifically  permitted  under subdivision two of this section.  (ii)  A  manufacturer  shall  have up to thirty days from the date the municipal consumer notifies the manufacturer of their acceptance of  the arbitrator's decision to comply with the terms of that decision. Failure to  comply  with  the  thirty  day  limitation  shall  also  entitle the municipal consumer to recover a fee  of  twenty-five  dollars  for  each business  day  of  noncompliance  up  to five hundred dollars. Provided, however, that nothing contained  in  this  paragraph  shall  impose  any liability  on  a manufacturer where a delay beyond the thirty day period is attributable to a municipal consumer who has requested a  replacement fire  vehicle  or  ambulance built to order or with options that are not comparable to the vehicle being replaced or  otherwise  made  compliance impossible  within  said  period. In no event shall a municipal consumer who  has  resorted  to  an  informal  dispute  settlement  mechanism  be precluded from seeking the rights or remedies available by law.   b. (i) Each municipal consumer shall have the option of submitting any dispute  arising  under  this  section  upon the payment of a prescribed filing fee to an alternate arbitration mechanism established pursuant to regulations  promulgated  hereunder  by  the  New  York  state  attorney general.  Upon  application of the municipal consumer and payment of the filing  fee,  all  manufacturers  shall   submit   to   such   alternate arbitration.   Such  alternate  arbitration  shall  be  conducted  by  a professional arbitrator or  arbitration  firm  appointed  by  and  under regulations  established  by  the  New York state attorney general. Such mechanism shall insure the personal objectivity of its  arbitrators  and the  right of each party to present its case, to be in attendance during any presentation made by the other party and to  rebut  or  refute  such presentation.   In   all  other  respects,  such  alternate  arbitration mechanism shall  be  governed  by  article  seventy-five  of  the  civil practice   law   and  rules;  provided,  however,  that  notwithstanding paragraph (i) of subdivision (a) of section seventy-five hundred two  of the  civil  practice law and rules, special proceedings brought before a court  pursuant  to  such  article  seventy-five  in  relation   to   an arbitration  hereunder  shall  be  brought  only in the county where the municipal consumer is located or where the arbitration was  held  or  is pending.  (ii)  A  court  may  award  reasonable  attorney's fees to a municipal consumer who prevails in any judicial action or proceeding  arising  out  of  an  arbitration proceeding held pursuant to subparagraph (i) of this paragraph. In the event a municipal consumer is required to  retain  the services  of  an  attorney  to  enforce  collection  of an award granted pursuant  to this section, the court may assess against the manufacturer reasonable attorney's fees for services rendered to  enforce  collection of said award.   c.  (i)  Each  manufacturer  shall  require that each informal dispute settlement mechanism used by it provide, at a minimum, the following:  (A) that the arbitrators participating in such mechanism  are  trained in  arbitration  and  familiar with the provisions of this section, that the arbitrators and municipal  consumers  who  request  arbitration  are provided with a written copy of the provisions of this section, together with  the  notice  set forth below entitled "NEW EMERGENCY VEHICLE LEMON LAW BILL OF RIGHTS", and that municipal  consumers,  upon  request,  are given an opportunity to make an oral presentation to the arbitrator;  (B)  that  the rights and procedures used in the mechanism comply with federal regulations promulgated by the federal trade commission relating to informal dispute settlement mechanisms; and  (C) that the remedies set forth under paragraph c of  subdivision  two of  this  section  are awarded if, after a reasonable number of attempts have been undertaken under  paragraph  d  of  subdivision  two  of  this section  to conform the vehicle to the express warranties, the defect or nonconformity still exists.  (ii) The following notice shall be provided to municipal consumers and arbitrators and shall be printed in  conspicuous  ten  point  bold  face type:              NEW EMERGENCY VEHICLE LEMON LAW BILL OF RIGHTS  (1)  IN  ADDITION  TO ANY WARRANTIES OFFERED BY THE MANUFACTURER, YOUR NEW FIRE VEHICLE, IF PURCHASED AND REGISTERED  IN  NEW  YORK  STATE,  IS WARRANTED  AGAINST ALL MATERIAL DEFECTS FOR THE FIRST TWO THOUSAND HOURS OF OPERATION OR TWO YEARS, WHICHEVER COMES FIRST AND YOUR NEW AMBULANCE, IF PURCHASED AND REGISTERED IN NEW YORK STATE, IS WARRANTED AGAINST  ALL MATERIAL  DEFECTS  FOR  THE  FIRST EIGHTEEN THOUSAND MILES OR TWO YEARS, WHICHEVER COMES FIRST.  (2) YOU MUST REPORT ANY PROBLEMS TO THE  MANUFACTURER,  ITS  AGENT  OR AUTHORIZED DEALER.  (3) UPON NOTIFICATION, THE PROBLEM MUST BE CORRECTED FREE OF CHARGE.  (4)  IF  THE  SAME  PROBLEM  CANNOT  BE  REPAIRED  AFTER  FOUR OR MORE ATTEMPTS; OR IF YOUR FIRE VEHICLE OR AMBULANCE  IS  OUT  OF  SERVICE  TO REPAIR  A PROBLEM FOR A TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE MANUFACTURER OR ITS AGENT  REFUSES  TO  REPAIR  A  SUBSTANTIAL DEFECT  OR CONDITION WITHIN TWENTY DAYS OF RECEIPT OF NOTICE SENT BY YOU TO THE MANUFACTURER BY CERTIFIED MAIL, RETURN  RECEIPT  REQUESTED;  THEN YOU  MAY  BE  ENTITLED TO EITHER A COMPARABLE FIRE VEHICLE OR AMBULANCE, OR, A REFUND OF YOUR PURCHASE PRICE PLUS LICENSE AND REGISTRATION FEES.  (5) A MANUFACTURER MAY DENY LIABILITY IF  THE  PROBLEM  IS  CAUSED  BY ABUSE,  NEGLECT,  OR  UNAUTHORIZED  MODIFICATIONS OF THE FIRE VEHICLE OR AMBULANCE.  (6) A MANUFACTURER MAY REFUSE TO EXCHANGE A COMPARABLE FIRE VEHICLE OR AMBULANCE, OR, REFUND YOUR  PURCHASE  PRICE  IF  THE  PROBLEM  DOES  NOT SUBSTANTIALLY IMPAIR THE VALUE OF YOUR FIRE VEHICLE OR AMBULANCE.  (7)  IF  A  MANUFACTURER HAS ESTABLISHED AN ARBITRATION PROCEDURE, THE MANUFACTURER MAY  REFUSE  TO  EXCHANGE  A  COMPARABLE  FIRE  VEHICLE  OR AMBULANCE,  OR, REFUND YOUR PURCHASE PRICE UNTIL YOU FIRST RESORT TO THE PROCEDURE.  (8) IF THE MANUFACTURER DOES NOT HAVE AN  ARBITRATION  PROCEDURE,  YOU MAY  RESORT  TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S FEES IF YOU PREVAIL.  (9) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.  (10)  AS  AN  ALTERNATIVE  TO THE ARBITRATION PROCEDURE MADE AVAILABLE THROUGH THE MANUFACTURER, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN INDEPENDENT ARBITRATOR, APPROVED BY THE  ATTORNEY  GENERAL.  YOU  MAY HAVE  TO  PAY  A  FEE  FOR  SUCH  AN  ARBITRATION.  CONTACT THE ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR INDEPENDENT ARBITRATION.  (iii) All informal dispute settlement mechanisms  shall  maintain  the following records:  (A)  the  number  of  purchase  price  refunds  and  fire  vehicle and ambulance  replacements  requested,  the  number  of  each  awarded   in arbitration, the amount of each award and the number of awards that were complied with in a timely manner;  (B)  the  number  of  awards  where  additional  repairs or a warranty extension was the most prominent remedy, the amount  or  value  of  each award, and the number of such awards that were complied with in a timely manner;  (C)  the  number  and total dollar amount of awards where some form of reimbursement for expenses or  compensation  for  losses  was  the  most prominent  remedy,  the  amount or value of each award and the number of such awards that were complied with in a timely manner; and  (D) the average number of days from the date of a municipal consumer's initial request to arbitrate until the date of  the  final  arbitrator's decision  and  the  average  number  of  days from the date of the final arbitrator's  decision  to   the   date   on   which   performance   was satisfactorily carried out.   d.  Any  action  brought  pursuant  to this section shall be commenced within four years of the date of original delivery of the  fire  vehicle or ambulance to the municipal consumer.   4.  Notice  of  rights.  At  the time of purchase of a fire vehicle or ambulance, the  manufacturer,  its  agent  or  authorized  dealer  shall provide  to  the  municipal  consumer a notice, printed in not less than eight point bold face type, entitled "New Emergency  Vehicle  Lemon  Law Bill  of  Rights".  The  text of such notice shall be identical with the notice required by paragraph c of subdivision three of this section.   5. Void agreements. Any agreement entered into by a municipal consumer for the purchase of a new fire vehicle or ambulance which waives, limits or disclaims the rights set forth in  this  section  shall  be  void  as contrary  to  public  policy.  Said  rights  shall inure to a subsequent transferee of such fire vehicle  or  ambulance.  Any  provision  of  any agreement entered into by a municipal consumer for the purchase of a new fire  vehicle or ambulance which includes as an additional cost for such vehicle an expense identified as being for the purpose of affording such municipal consumer their rights under this section,  shall  be  void  as contrary to public policy.   6.  Preservation  of  rights. Nothing in this section shall in any way limit the  rights  or  remedies  which  are  otherwise  available  to  a municipal consumer under any other law.