NY Gen Bus L § 697 (2021)
2021 New York Laws GBS - General Business Article 33-B - Express Consumer Warranty on Farm Equipment 697 - Definitions.

§ 697. Definitions. Whenever used in this article: 1. "Consumer" means a  New  York resident who is the purchaser, lessee or transferee of farm equipment, other than for the purposes of resale.   2. "Farm equipment"  means  any  self  propelled  farm  equipment  and implements  of  husbandry  and the accessories and parts included in the sale or lease of same designed and manufactured primarily to be used for agricultural purposes and for the United States market or in  compliance with  the laws and standards of the United States for which the purchase or lease price for each piece of farm  equipment  exceeds  one  thousand five  hundred  dollars and which is being transferred for the first time from a manufacturer, distributor or new farm machinery  dealer  and  has not been registered or titled in this state or any other state.   3.  "Express  warranty" or "warranty" means the written affirmation of fact or promise made by a supplier to a consumer in connection with  the sale  of  farm  equipment which relates to the nature of the material or workmanship,  including  any  terms  or  conditions  precedent  to   the enforcement of obligations under that warranty.   4.  (a)  "Use deduction formula" shall be used on farm equipment which does not contain an engine hour meter or for  which  hours  is  not  the basic  usage  standard and means a dollar amount obtained by multiplying the full purchase price or lease  price  of  the  farm  equipment  by  a fraction,  the  denominator  of  which  is  one  thousand  eight hundred twenty-five and the numerator of which  is  the  number  of  days  after delivery of the farm equipment.  (b)  "Non-seasonal equipment hours deduction formula" shall be used on farm equipment which contains an engine hour meter and for  which  hours is  the  basic  usage standard and means the hours of use times the full purchase price, or lease price if applicable, divided by  five  thousand hours.  (c)  "Seasonal  equipment  hours  deduction  formula" shall be used on self-propelled harvesting equipment which contains an engine hour  meter and  for  which hours is the basic usage standard and means the hours of use times the full purchase price, or lease price if applicable, divided by two thousand hours.   5. "Lessee" means any consumer who leases farm equipment pursuant to a written lease agreement which provides that the  lessee  is  responsible for repairs to such farm equipment.   6.  "Lease  price"  means  the  aggregate  of: (a) the lessor's actual purchase cost; (b) the freight cost, if applicable;  (c)  the  cost  for accessories,  if  applicable;  (d) any fee paid to another to obtain the lease; and (e) an amount equal to five percent of  the  lessor's  actual purchase cost as prescribed in paragraph (a) of this subdivision.   7.  "Supplier"  means the manufacturer, wholesaler or distributor that issues the warranty effective in New York state for the  farm  equipment sold by the dealer.   8.  "Dealer"  means  any  person  selling  or  agreeing  to  sell farm equipment  under  an  agreement  with  a  manufacturer,  wholesaler   or distributor.   9.  "Nonconformity"  means  any  condition  of the farm machinery that substantially impairs the value or safety of such equipment, or its  use for the purpose for which it was intended.