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

§  697-a.  Warranty  to  consumers.  1.  Every  supplier  of  new farm equipment which is sold within or outside of this state shall provide  a fair  and reasonable warranty on all new farm equipment that shall be of no less duration than twelve  months  following  the  date  of  original delivery  of  the  farm  equipment  to  the  consumer.  If  the new farm equipment does not conform to all applicable express  warranties  during the  warranty period, and the consumer reports the nonconformity, defect or condition to the supplier or its dealer in writing before the end  of the  warranty period, or verbally within thirty days before the warranty ends and then in writing within thirty days after the expiration of  the warranty  period, such supplier or dealer shall make such repairs as are necessary to conform the new equipment to such express warranties at  no charge to the consumer.   1-a.  Farm  equipment  that  is  not specifically manufactured for the United States market or in compliance with the laws and standards of the United States is not covered by this article. A dealer  who  sells  such farm  equipment shall receive written acknowledgement from the purchaser that the purchaser has been  made  aware  that  such  equipment  is  not covered by this article.   2.  If  the  supplier  or  its  dealer  are unable to conform the farm equipment  to  any  applicable  express  warranty   by   repairing   the nonconformity  after  a  reasonable number of attempts, the supplier, at the option of the  consumer,  shall  replace  the  farm  equipment  with comparable  farm  equipment  provided  that such comparable equipment is available from the supplier, or accept return of the equipment from  the consumer  and  refund  to  the  consumer  the full purchase price or, if applicable, the lease price and any trade-in  allowance  plus  fees  and charges,  less  a  deduction  for use calculated pursuant to the formula provided in subdivision four of section six hundred ninety-seven of this article. For purposes of this section, fees and  charges  shall  include but  not  be  limited  to  license  fees,  registration  fees  or  other governmental  charges.  Refunds  shall  be  made  to  the  consumer   or lienholder,  if  any,  as  their  interests may appear on the records of ownership.  Such  refund  shall  also  be  accompanied  by  the   proper application  for  credit  for  refund  of  state  and local sales tax as published by the department of taxation and finance and by a notice that the sales tax paid on the purchase price, lease price or portion thereof being refunded is refundable by the commissioner of taxation and finance in accordance with the provisions of subdivision (f) of  section  eleven hundred thirty-nine of the tax law.   3.  If  a  dealer  refuses  to  undertake  the repairs within the time allotted pursuant to subdivision one of this section, the  consumer  may immediately  forward written notice of such refusal to the supplier, who shall have twenty days from receipt of  such  notice  to  commence  such repairs.   4.  (a) If the supplier refuses to undertake the repairs, the supplier shall provide information for consumer complaint  remedies  which  shall inform  the consumer of, among other things, whether an informal dispute settlement mechanism has been established by the supplier  and  how  the consumer may avail himself or herself of such mechanism.  (b)  If  a  supplier  has  established  an informal dispute settlement mechanism, such mechanism shall provide, at a minimum, the following:  (i) That the arbitrators and the consumers who request arbitration are given a written copy of the provisions of this article together with the notice set forth below entitled "New Farm Equipment Bill of Rights"  and that  the  arbitrators  participating  in  such mechanism are trained in arbitration and are familiar with the provisions of this article;  (ii) That the consumers, upon request, are  given  an  opportunity  to make an oral presentation to the arbitrator; and  (iii) 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.  (c)  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 state attorney general. Upon application of the consumer and payment of the filing fee, all suppliers shall submit  to  such  alternate  arbitration,  and  shall  pay  a  fee established  pursuant  to  regulations  of  the  attorney  general. Such alternate arbitration shall be conducted by a professional arbitrator or arbitration firm appointed by the 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  and  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.  (d) A supplier shall have up to thirty days from the date the consumer notifies  the  supplier  of  his  or  her 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 consumer to recover a fee of twenty-five dollars a day  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 supplier where a delay beyond the thirty day period is attributable to a consumer  who has requested replacement farm equipment built to order or with options that  are  not  comparable  to  the  farm  equipment  being replaced  or otherwise made compliance impossible within said period. In no event shall a consumer  who  has  resorted  to  an  informal  dispute settlement  mechanism  be  precluded from seeking the rights or remedies available by law.  (e) A court may award  reasonable  attorney's  fees  to  a  prevailing plaintiff  or  to  a  consumer  who  prevails  in any judicial action or proceeding arising out of an arbitration  proceeding  held  pursuant  to paragraph  (c)  of this subdivision. In the event a prevailing plaintiff 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 supplier reasonable attorney's fees for services rendered to enforce collection of such award.  (f) Any action brought pursuant to this  section  shall  be  commenced within  twenty-four  months of the date of original delivery of the farm equipment to the consumer.  (g) It shall be presumed that a reasonable  number  of  attempts  have been  undertaken to conform the farm equipment to the applicable express warranties, if: (i) the same nonconformity, defect or condition has been subject to repair four times by the supplier or its  authorized  dealers and such nonconformity continues to exist; or (ii) the farm equipment is out of service by reason of repair of one or more nonconformities by the supplier  or  its  dealer for a cumulative total of thirty calendar days during the warranty period.  (h) The term of an express warranty, the one year warranty period  and the thirty day out of service period shall be extended by any reasonable time  during which repair services are not available to the consumer for reasons which shall include war, terrorist attack, pestilence,  invasion  or  strike,  fire,  flood  or  other  natural disaster or unforeseen and unanticipated extraordinary circumstances.