NY Gen Bus L § 670-2 (2021)
2021 New York Laws GBS - General Business Article 32* - Wheelchair Warranties 670*2 - Repair, Replacement and Refund Under New Wheelchair Warranties.

* §   670.   Repair,  replacement  and  refund  under  new  wheelchair warranties.  1. As used in this section:   a. "Collateral  costs"  means  expenses  incurred  by  a  consumer  in connection  with  the  repair of a nonconformity, including the costs of obtaining an  alternative  wheelchair  or  other  assistive  device  for mobility.   b. "Consumer" means any of the following:  (1)  The  purchaser  of  a wheelchair, if the wheelchair was purchased from a wheelchair dealer or manufacturer for purposes other than resale.  (2) A person to whom the wheelchair is transferred for purposes  other than  resale, if the transfer occurs before the expiration of an express warranty applicable to the wheelchair.  (3) A person who may enforce the warranty.  (4) A person who leases a wheelchair from a wheelchair lessor under  a written lease.  (5) State governmental agencies, subscribers to article forty-three of the  insurance law, corporations, subscribers of organizations organized under article forty-four of the public health law, and programs governed by title eleven of article five of the social services law.   c. "Demonstrator" means a wheelchair used primarily for the purpose of demonstration to the public.   d. "Early termination cost" means any expense  or  obligation  that  a wheelchair  lessor  incurs  as  a  result  of  both the termination of a written lease before the termination date set forth in  that  lease  and the  return  of  a wheelchair to a manufacturer pursuant to subparagraph three of paragraph b  of  subdivision  three  of  this  section.  "Early termination  cost"  includes  a  penalty  for prepayment under a finance arrangement.   e. "Early termination savings" means any expense or obligation that  a wheelchair  lessor  avoids  as  a  result  of  both the termination of a written lease before that termination date set forth in that  lease  and the  return  of  a wheelchair to a manufacturer pursuant to subparagraph three of paragraph b  of  subdivision  three  of  this  section.  "Early termination  savings"  includes  an  interest charge that the wheelchair lessor would have paid to finance the wheelchair or, if  the  wheelchair lessor does not finance the wheelchair, the difference between the total amount  for  which the lease obligates the consumer during the period of the lease term remaining after the early  termination  and  the  present value of that amount at the date of the early termination.   f.  "Manufacturer"  means  a  person  who  manufactures  or  assembles wheelchairs  and  agents  of  that  person,  including  an  importer,  a distributor,  factory  branch,  distributor branch and any warrantors of the manufacturer's wheelchair, but does not include a wheelchair dealer.   g. "Wheelchair" means any wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in this state.   h. "Wheelchair dealer" means a  person  who  is  in  the  business  of selling wheelchairs.   i.  "Wheelchair  lessor"  means  a person who leases a wheelchair to a consumer, or who holds the lessor's rights, under a written lease.   j. "Nonconformity" means a  condition  or  defect  that  substantially impairs the use, value or safety of a wheelchair, and that is covered by an  express  warranty  applicable to the wheelchair or to a component of the wheelchair, but does not include a condition or defect that  is  the result  of  abuse, neglect or unauthorized modification or alteration of the wheelchair by a consumer.   k. "Reasonable attempt to repair" means that, within the  term  of  an express  warranty  applicable  to  a  new  wheelchair, any nonconformity within the warranty is either subject to  repair  by  the  manufacturer,  wheelchair  lessor  or  any  of the manufacturer's authorized wheelchair dealers, for at least three times and a nonconformity continues, or that the wheelchair is out of service for an aggregate  of  at  least  thirty days  because  of  warranty nonconformity, after having been returned to the  manufacturer,  wheelchair  lessor  or  any  of  the  manufacturer's authorized wheelchair dealers for repair.   2.  a.  A  manufacturer  who  sells a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express warranty for the wheelchair.  The  duration  of  the  express warranty  shall  be  not  less than one year after first delivery of the wheelchair to the consumer. In the absence of an express  warranty  from the  manufacturer,  the  manufacturer  shall be deemed to have expressly warranted to the consumer of a wheelchair that, for a period of one year from the date of first delivery to the consumer, the wheelchair will  be free  from any condition or defect which substantially impairs the value of the wheelchair to the consumer.   b. The following notice shall be provided in conspicuous type  and  in substantially  the following form by the manufacturer, wheelchair dealer or wheelchair lessor to each consumer at the time of purchase:                     WHEELCHAIR LEMON LAW BILL OF RIGHTS  (1) By law, the manufacturer shall be deemed to have provided to  you, the  purchaser  of a wheelchair, a one year warranty which starts on the date  of  first  delivery  to  you.  This  warranty  provides  that  the wheelchair  will be free from any condition or defect that substantially impairs its use, value or safety.  (2) To ensure you receive the benefits  of  this  warranty,  you  must report   any   problems   and  make  the  wheelchair  available  to  the manufacturer, authorized wheelchair  dealer  or  wheelchair  lessor  for repair before one year after first delivery.  (3) Upon notification and the wheelchair's being made available to the manufacturer  or  its  authorized  dealer, the problem must be corrected free of charge.  (4) During the warranty period, if any condition or defect  cannot  be repaired  after  three  attempts or if your wheelchair is out of service for a total of thirty days for repairs to any condition or defect  which substantially  impairs  the  use, value or safety of the wheelchair, you are entitled to either a comparable new wheelchair or a  refund  or,  if you  are  leasing  a  wheelchair,  replacement of your wheelchair with a comparable new wheelchair or a refund of the full  purchase  price  plus any  finance  charge  and collateral costs, minus a reasonable allowance for use.  (5) The warranty provided to you by law does not cover  conditions  or defects  that result from abuse, neglect or unauthorized modification or alteration of the wheelchair and relieves the manufacturer of  liability for repairs in these instances.  (6)  A  manufacturer may refuse to replace a wheelchair or refund your purchase price if a problem does not substantially impair the use, value or safety of your wheelchair.  (7) You may submit any dispute with a manufacturer, dealer  or  lessor arising  from  a  dispute  over  the  repair  of  your  wheelchair to an alternate  arbitration   mechanism   established   pursuant   to   rules promulgated by the New York state attorney general.  (8) No contract or agreement for the sale or lease of a wheelchair can void any of these rights.   3.  a.  If  a new wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the manufacturer, the wheelchair lessor or any of the manufacturer's authorized wheelchair dealers and makes the wheelchair available for repair  before  one  year  after  first delivery of the wheelchair to a consumer, the nonconformity shall be repaired at no charge to the consumer.   b.  (1) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall carry out the requirement set forth under either subparagraph two or three of this paragraph,  whichever  is appropriate.  (2)  At  the direction of a consumer described under subparagraph one, two or three of paragraph b of subdivision one of this section,  do  one of the following:  (a)  Accept return of the wheelchair and replace the wheelchair with a comparable new wheelchair and refund any collateral costs.  (b) Accept return of the wheelchair and refund to the consumer and  to any   holder   of  a  perfected  security  interest  in  the  consumer's wheelchair, as their interest may appear, the full purchase  price  plus any  finance charge amount paid by the consumer at the point of sale and collateral costs, less a reasonable  allowance  for  use.  A  reasonable allowance  for use may not exceed the amount obtained by multiplying the full purchase price of the wheelchair by a fraction, the denominator  of which  is  one  thousand  eight hundred twenty-five and the numerator of which is the number of days that the wheelchair was  driven  before  the consumer first reported the nonconformity to the wheelchair dealer.  (3)  (a)  With respect to a consumer described under subparagraph four of paragraph b of subdivision one of this section, accept return of  the wheelchair,  refund  to  the  wheelchair  lessor  and to any holder of a perfected security interest in the wheelchair,  as  their  interest  may appear,  the  current  value  of  the  written  lease  and refund to the consumer the amount that the consumer paid under the written lease  plus any collateral costs, less a reasonable allowance for use.  (b) The current value of the written lease equals the total amount for which  that  lease obligates the consumer during the period of the lease remaining after its early  termination,  plus  the  wheelchair  dealer's early  termination  costs  and  the value of the wheelchair at the lease expiration date if the lease sets forth that value, less the  wheelchair lessor's early termination savings.  (c)  A reasonable allowance for use may not exceed the amount obtained by multiplying the total amount for which the  written  lease  obligates the  consumer  by  a  fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is  the  number  of days  that  the consumer drove the wheelchair before first reporting the nonconformity to  the  manufacturer,  wheelchair  lessor  or  wheelchair dealer.   c.  To  receive  a  comparable  new  wheelchair  or a refund due under subparagraph one or two of paragraph b of this subdivision,  a  consumer described  under  subparagraph  one,  two  or  three  of  paragraph b of subdivision one of this section, shall offer to the manufacturer of  the wheelchair  having  the  nonconformity  to  transfer  possession of that wheelchair to that manufacturer. No later than twenty  days  after  that offer,  the  manufacturer shall provide the consumer with the comparable new wheelchair  or  refund.  When  the  manufacturer  provides  the  new wheelchair  or  refund,  the consumer shall return the wheelchair having the nonconformity to  the  manufacturer,  along  with  any  endorsements necessary to transfer real possession to the manufacturer.   d. (1) To receive a refund due under subparagraph three of paragraph b of  this  subdivision,  a  consumer described under subparagraph four of paragraph b of subdivision one of this section shall offer to return the wheelchair having the nonconformity to its manufacturer. No  later  than thirty  days after that offer, the manufacturer shall provide the refund to the consumer. When the manufacturer provides the refund, the consumer  shall  return  to   the   manufacturer   the   wheelchair   having   the nonconformity.  (2) To receive a refund due under subparagraph three of paragraph b of this subdivision, a wheelchair lessor shall offer to transfer possession of the wheelchair having the nonconformity to its manufacturer. No later than  thirty  days  after that offer, the manufacturer shall provide the refund to the wheelchair lessor.  When  the  manufacturer  provides  the refund,  the  wheelchair  lessor  shall  provide to the manufacturer any endorsements necessary to transfer legal possession to the manufacturer.  (3) No person may enforce the lease against  the  consumer  after  the consumer  receives  a refund due under subparagraph three of paragraph b of this subdivision.   e. No wheelchair returned by a consumer or wheelchair lessor  in  this state  pursuant  to paragraph b of this subdivision, or by a consumer or wheelchair lessor in another state under a similar law  of  that  state, may  be sold or leased again in this state unless full disclosure of the reasons for return is made to any prospective buyer or lessee.   4. a. Each 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 consumer and payment of the filing fee, all manufacturers shall submit to such alternate arbitration.   b. 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.  Where applicable,  any action required of a manufacturer, wheelchair dealer or wheelchair lessor to comply with a final  decision  of  such  arbitrator shall be completed within forty days of the date of such decision.   5.  This  section  does  not  limit  rights or remedies available to a consumer under any other law.   6. Any waiver by a consumer of rights under this section is void.   7. In addition to pursuing any other remedy, a consumer may  bring  an action to recover for any damages caused by a violation of this section. The  court  shall  award a consumer who prevails in such an action twice the amount of any pecuniary loss, together with costs, disbursements and reasonable attorney fees,  and  any  equitable  relief  that  the  court determines is appropriate.   * NB There are 2 § 670's